Araboda Gamage Seetha Vs. K.A.D. Sunil – CA PHC 53/2005-2005

In the case between Araboda Gamage Seetha (Appellant) and K.A.D. Sunil (Respondent, representative of the Mulleriyawa Municipal Council, Gothatuwa), the court addressed the procedural issue arising from an application by the appellant’s counsel to withdraw the pending appeal. It was determined that, upon such an application and confirmation that brief fees had been paid, the appeal should be dismissed without costs. This determination reaffirmed the procedural principle that where an appellant withdraws an appeal with the concurrence of both parties and upon payment of relevant fees, dismissal without costs is appropriate. The decision relied on established appellate procedure, emphasizing that the withdrawal of an appeal by the appellant’s counsel, with proper notice and acknowledgment of