Dissanayake Mudiyanselage Keerthiratne vs W.P. Peter, W.P. Elaris, and Ambagalage Chandraratne – CA NO. 1272/00 F -2001

In the case between Dissanayake Mudiyanselage Keerthiratne (Plaintiff-Appellant) and W.P. Peter, W.P. Elaris, and Ambagalage Chandraratne (Defendants-Respondents), the court addressed the issue of whether the appeal filed by the Plaintiff-Appellant should proceed. It was held that the appeal was withdrawn pursuant to a request by the Appellant, leading to its dismissal without costs. The principle reaffirmed was that an appellant may withdraw an appeal at any stage subject to court approval, and dismissal without adjudication on merits may follow. Reference was made to the procedural powers of the appellate court, emphasizing procedural propriety in handling such withdrawal requests.

Upaly Abeyrathne J. — Upon observing the absence and lack of representation of the Respondents and consid