Kulatungamudiyanselage Sarana Seelawathie vs Seemasahitha Kurunegala Uthura Janathasanthaka Prawahana Sewaya – CA 302/00 F -2014

The case between Kulatungamudiyanselage Sarana Seelawathie (Plaintiff) and Seemasahitha Kurunegala Uthura Janathasanthaka Prawahana Sewaya and Wijeratna Mudiyanselage Elahunkirigedara Gamini (Defendants) addressed the issue of an appeal following a civil dispute under S. 754 of the Civil Procedure Code. The appeal was resolved when the defendant-appellant paid Rs. 300,000 to the plaintiff-respondent by cheque in accordance with a settlement. Subsequently, the defendant-appellant applied to withdraw the appeal, and the plaintiff-respondent’s counsel did not object. The court dismissed the appeal without costs and directed that the case record be returned to the District Court, thus reconfirming procedural propriety in settlement-induced appeal withdrawals under the Civil Procedure Code.

Up