Don Ananda Wijethunga Vs. Hon. Attorney General – CA PHC NO. 130/2005-2014

In Don Ananda Wijethunga v. Hon. Attorney General and Others, the court considered the procedural issue of an appellant’s request to withdraw an appeal (C.A.(PHC) No. 130/2005 arising from P.H.C. Panadura 15/2004). Upon motion by the appellant’s counsel for withdrawal and absent objection from the respondents, it was determined that withdrawal should be permitted. This disposition reaffirmed that, when both parties do not contest withdrawal, the appellate process may be concluded without substantive adjudication. The judgment clarified that appellate courts retain discretion to permit withdrawal and dispose of appeals in such circumstances, emphasizing procedural finality rather than revisiting underlying merits.

K.T. Chitrasiri J. — The counsel for the appellant sought leave to withdraw