Nandanee Devika Abeywickrama vs Lokuge Madhusanka – CA PHC 70/2010-2012

In the case between Nandanee Devika Abeywickrama and Lokuge Madhusanka, Lokuge Sugathadasa, and Thanthiriwattage Seelawathi, the court addressed the issue of whether the respondent-petitioners conducted their appeal with due diligence as required by law. The court held that the respondent-petitioners failed to prosecute their appeal diligently and, pursuant to Rule 33 of the Supreme Court rules, dismissed the appeal for want of prosecution. This decision reaffirmed the principle that parties seeking appellate review must act with due care and promptness, and failure to do so warrants dismissal at the court’s discretion. The holding was emphasized through procedural records and the absence of instructions to legal counsel, clarifying the responsibility of litigants to actively pursue their