Pahalage Asilin Nona vs Hettiarachchige Piyadasa Perera – CA 1184/98-2014

In the case between Pahalage Asilin Nona and A. Kumudini Rupasinghe (Appellants) and Hettiarachchige Piyadasa Perera (Respondent), the Court of Appeal was called upon to decide whether the Defendant-Appellant’s appeal (CA 1184/98 (F)), originating from District Court case D.C. Horana 243/P, should proceed. The proceeding centered on an application by the Defendant-Appellant to withdraw the appeal. The record established that leave for withdrawal was sought and no objection was raised by the Plaintiff-Respondent. The Court directed that the appeal be withdrawn and dismissed it without costs, reinforcing the principle that an appellant may withdraw an appeal if there is no opposition from the respondent. The outcome highlights the application of procedural fairness and finalizes appellate pr