Jascintha Nirmalini Olga de Silva Jayasinghe v. Winifreda Ursula Emalina Perera et al. – CA L.A.NO:456/2005-2005

In the case between Jascintha Nirmalini Olga de Silva Jayasinghe (Substituted Defendant–Petitioner) and Winifreda Ursula Emalina Perera, Lorna Triset Gallway, and others (Plaintiff–Respondents), the court addressed the issue of whether the substituted defendant–petitioner could be permitted to withdraw an application for relisting leave to appeal. It was held that the withdrawal was permissible, and the application was dismissed without costs. The decision affirmed the procedural principle that parties are permitted to withdraw applications with leave of court, especially when there is no objection from the opposing party. The ruling relied upon established appellate procedure, allowing formal closure of the proceedings without a determination on the merits.

Anil Gooneratne J. — After th