Ashok Lekhraj Ganwani vs L.M. Ganwani – CA 883/00 F -2014

The case between Mr. L. M. Ganwani (deceased), Mrs. Roopawanti Lekhraj Ganwani, Mr. Mahesh Lekhraj Ganwani, Ms. Maya Naresh Assudomal, and S. Nadarajakumar addressed the issue of whether the appeal filed by the Substituted-Plaintiff-Appellant should proceed or be withdrawn. It was determined that the application to withdraw the appeal was made without objection, leading to the appeal being dismissed without costs. The principle reaffirmed is that voluntary withdrawal of an appeal with mutual consent results in dismissal without costs. The decision relied on procedural rules regarding appeal withdrawals, emphasizing the court’s discretion and the finality of such orders for procedural disposition.

Upaly Abeyrathne J. — The record established that the Learned Counsel for the Substituted-Pl