H.M. Wimaladasa v. Hon Attorney General – CA HC/251/2006-2006

The case between H.M. Wimaladasa (2nd Party Petitioner-Appellant) and the Hon. Attorney General (Respondent) addressed the issue of the voluntary withdrawal of an appeal by the appellant. It was concluded that the application by the 2nd Party Petitioner-Appellant to withdraw the appeal was granted in the absence of objection from the respondent, resulting in the dismissal of the appeal without costs. This holding confirms the principle that where an appellant seeks to withdraw an appeal and no objection is raised, the Court may allow the withdrawal and dismiss the appeal accordingly. The approach emphasizes judicial discretion and procedural fairness in appeal withdrawals.

S. Thurairaja, P.C, J. — The application for withdrawal, made by the counsel for the 2nd Party Petitioner-Appellant,