Sumathipala Weerasinghe Vs. Yatigammana Gedara Wijerathne Banda and others – CA REV 147/2012-2012

In the case between Dasanayake Bandara (Plaintiff) and Yatigammana Gedara Wijerathne Banda, Yatigammana Gedara Wimalawathie Menike, and others (Defendants), the Court of Appeal addressed the issue of a revision application arising from District Court proceedings (Case No. 160/P, Kegalle), concerning party rights related to property. The court held that upon a motion for withdrawal by the petitioner’s counsel, the revision application would be permitted to be withdrawn and the current proceedings dismissed, with liberty granted to file a fresh application. No order for costs was made. This determination affirms the procedural principle that a party may, with leave of court, withdraw an application and seek subsequent recourse, as recognized under court rules.

Eric Basnayake J. — It was re