Ramakrishnan Mathavan vs Arumugam Mathavan – CA 54/2006-2012

The case between Ramakrishnan Mathavan (Plaintiff) and Arumugam Mathavan and Balakrishnan Mathavan (Defendants) concerned the procedural issue of an application for leave to appeal against an order from the District Court of Gampola. It was determined that upon the Plaintiff’s counsel’s application to withdraw the request for leave to appeal, the withdrawal was permitted, and the application was dismissed without costs. The decision reiterated the procedural principle that withdrawal of an appeal or application must be formally approved by the court, with procedural consequences including dismissal without costs unless otherwise directed.

Upaly Abeyrathne J. — Upon motion by the Plaintiff’s counsel to withdraw the application for leave to appeal, the withdrawal was allowed, and it was or