Upasena Wijepala Gunasekara vs Richard Peruma Arachchi, Deceased – CA PHC NO. 167/2003-2014

The case between Upasena Wijepala Gunasekara (Appellant) and Richard Peruma Arachchi (deceased) with substitute respondents addressed the procedural issue of withdrawal of an appeal in the Court of Appeal. It was determined that, upon formal application by the appellant’s counsel and absence of objection from respondents, the appeal should be dismissed without costs to either party. This decision reaffirmed the procedural principle permitting voluntary withdrawal of appeals when uncontested, applying established practice that such dismissals do not result in cost orders against any party.

Sunil Rajapakshe J. — It was determined that, on the appellant’s counsel’s motion to withdraw the appeal and in the absence of objection from the respondents, the appeal stands dismissed without award o