R.M Piyasena Rathnayake v. S.D. Piyadasa – CA PHC 07/2003-2003

In the case between R.M. Piyasena Rathnayake (Appellant) and S.D. Piyadasa, Municipal Commissioner, Sri Jayawardanapura Kotte Municipal Council (Respondent), the court addressed the procedural issue of whether the appeal lodged by the Appellant should be allowed to proceed following a motion to withdraw. It was determined that, upon application by the Appellant’s counsel to withdraw the appeal, the application for withdrawal be permitted, resulting in dismissal of the appeal without costs. This determination followed established procedural principles allowing voluntary withdrawal of appeals and highlighted that such withdrawals may be granted at the court’s discretion without an order for costs.

Sisira de Abrew J. — The case was called in the presence of the Appellant; counsel for the Ap