Herathbanda et al. vs. Muthubanda – CA 1087/98F-2014

In the case between Disanayaka Bandage Muthubanda (plaintiff-respondent) and D. M. Herathbanda, R Punchibanda, Wasantha Dissanayake, H B K P Dissanayake, D K Senavirathna, and others (defendant-appellants), the court addressed the issue of whether the appellants should be permitted to withdraw their appeal. It was held that, as the appellants’ counsel had moved to withdraw the appeal and the respondent’s counsel raised no objection, the appeal should be dismissed without costs. This decision reaffirmed the principle that, where both parties consent, withdrawal of an appeal may be allowed by the court. The ruling relied on the absence of contestation from the respondent and the discretion of the court in managing withdrawal motions, thereby clarifying that mutual consent to withdraw an appe