S.P. Patty Vs. Hon. Attorney General – CA PHC 247/2005-2014

In the case between S.P. Patty (Defendant-Petitioner-Appellant) and the Hon. Attorney General (Respondent), the court addressed whether the appeal by S.P. Patty should proceed or be withdrawn. It was determined that, upon motion by the Defendant-Petitioner-Appellant, permission to withdraw the appeal was granted, leading to the appeal’s dismissal. This outcome reaffirms the principle that a litigant may, with the court’s approval, withdraw an appeal at any time before judgment, emphasizing judicial discretion in appellate withdrawal such as outlined in procedural statutes. This decision underscores that an appellant’s motion for withdrawal, once accepted, concludes appellate proceedings without further determination on the merits.

K.T. Chitrasiri J. — The findings established that upon a