K.A. Jayathilake vs President, Land Reform Commission – CA PHC NO. 105/2006-2014

In the case between the President, Land Reform Commission (Plaintiff-Respondent-Respondent) and K.A. Jayathilake (Defendant-Petitioner-Appellant), the court addressed the issue of whether the appeal by the Defendant-Petitioner-Appellant should proceed in light of an application for withdrawal by the Appellant’s counsel. It was held that permission for withdrawal of the appeal was granted, resulting in the appeal being dismissed. The principle reaffirmed is that, where the appellant moves to withdraw an appeal, the court may grant such permission and dismiss the appeal accordingly. This decision upholds the procedural rule allowing voluntary withdrawal of appeals when so requested by authorized counsel, highlighting the court’s discretion in such matters.

Sunil Rajapakshe J. — The finding