M.P Saman Kumara vs M.P Wimaladasa – CA PHC 95/2010-2010

The case between M.P. Saman Kumara and M.P. Wimaladasa addressed whether the appellant’s appeal should proceed or be withdrawn. It was held that, upon application by the appellant’s counsel, permission to withdraw the appeal was granted and the appeal was dismissed accordingly. The principle reaffirmed is that procedural applications to withdraw an appeal terminate proceedings without adjudication on the substantive merits. The decision centered on court procedure, emphasizing that an appellant’s request to withdraw, if granted, concludes the appellate process without further consideration of the underlying dispute.

Deepali Wijesundera J. — Following the appearance of both parties in court, an application by the appellant’s counsel was made to withdraw the appeal. This application was al