A.L.M Unidasa vs A.K Dayawathie – CA 1258/98-2012

The case between A.L.M Unidasa (Plaintiff-Appellant) and A.K Dayawathie and others (Defendant-Respondents) concerned the appellant’s motion to withdraw an appeal previously filed in the Court of Appeal of Sri Lanka. It was determined that, upon the appellant’s application to withdraw the appeal, the proceedings should be dismissed accordingly, with no order as to costs. This holding reaffirms the principle that a party retains the right to discontinue appellate proceedings at its own instance, subject to the court’s approval and procedural compliance. The decision relied on the practices governing civil procedure, emphasizing that appeals can be withdrawn at the instance of the appellant with appropriate leave of court, finalizing the action without further orders or costs.

K.T. Chitrasir