K. Athula and others Vs. Urban Development Authority – CA PHC NO. 166/2010-2010

In the case between K. Athula (also referred to as T. lranganie, Appellant) and the Urban Development Authority (Respondent), the court addressed the issue of the withdrawal of an appeal previously lodged by the Appellant against the Respondent, relating to matters from P.H.C. Balapitiya Case No. 799/2010. The court determined that, pursuant to the Appellant’s request to withdraw and the Respondent’s lack of objection, leave was granted for withdrawal and the appeal was accordingly dismissed. This holding underscores the principle that an appellate party may withdraw an appeal with the court’s permission when no opposition is raised, reflecting established practice and reinforcing procedural flexibility in appellate matters.

K. T. Chitrasiri J. — It was found that learned Counsel for the