S.M. Kusumawathi Manike vs M.D. Jamis – CA 612/2000-2014

In the case between M.D. Jamis and Others (Plaintiff-Respondents) and S.M. Kusumawathi Manike alias K.S.M. Kusumawathi Manike (Defendant-Appellant), the court addressed the procedural issue of an appeal withdrawal. It was held that, upon application by the Defendant-Appellant—with no objection from Plaintiff-Respondents—the appeal was dismissed without costs. The principle affirmed is that a party may withdraw an appeal with consent, and the court will issue an order accordingly. The outcome was determined by procedural application rather than substantive judicial reasoning, emphasizing the finality and efficiency of appellate processes upon voluntary withdrawal.

Upaly Abeyrathne J. — It was determined that the appeal be dismissed without costs following the Defendant-Appellant’s applica