Lakmini Ratwatte Welgama and Ceylon Chocolate Limited vs Helena Anoja Devi Wijesundera, Anula Kalyanidevi Atigalle, and Sampath Bank Limited – SC APPEAL NO.62/2010-2012

In the case between Lakmini Ratwatte Welgama and Ceylon Chocolate Limited (Appellants) and Helena Anoja Devi Wijesundera, Anula Kalyanidevi Atigalle, and Sampath Bank Limited (Respondents), the Supreme Court addressed the issue of the withdrawal of an appeal. It was held that the appeal should be dismissed in light of the motion presented by the Appellant’s counsel, who acted on written instructions to withdraw the appeal from the Instructing Attorney. This disposition emphasized adherence to procedural propriety in appellate matters, reaffirming the principle that an appeal may be withdrawn upon proper instructions and due motion, resulting in dismissal without costs. The decision underscores the court’s recognition of parties’ autonomy in pursuing or discontinuing appeals, provided proce