CA319/2005 – Defendant Appellant Respondent Petitioners vs. Substituted Plaintiff Respondent Petitioner – CA/L.A. NO. 319/05-2012

In the case between Sudath Mahinda Dias Jayasundera (deceased, substituted by Mala Rani Jayasundera) and Baranige Samuel Appu, Baranige Charles, and Baranige Seelawathi, the court addressed the issue of whether leave to appeal should be maintained following an order dated 05.08.2005 by the District Court of Galle. The appellate proceedings focused on the procedural aspect of withdrawal of the application for leave to appeal. It was determined that, upon a request made by counsel for the defendant appellant respondent petitioner to withdraw the application, and with no objection from the plaintiff respondent’s counsel, the application was allowed to be withdrawn and the appeal was dismissed without costs. This holding reaffirmed the principle that when both parties consent, an appellate app