Mala Damayanthi Vs. W. Rani Gunawardana and others – CA PHC NO. 37/2009-2009

The case between Mala Damayanthi and W. Rani Gunawardana, OIC Police Station Galle, and the Hon. Attorney General, addressed the issue of the appellant’s application to withdraw an appeal. The court held that, due to the appellant’s counsel seeking withdrawal and no objection from the respondent, the appeal was dismissed without costs. This decision reaffirmed the principle that appeals may be withdrawn with leave of court when both parties concur and no substantive merits are addressed. The order relied on established procedural practice, emphasizing the court’s role in confirming such withdrawals where consent exists and costs are not warranted.

Sunil Rajapakshe J. — It was determined that, following an application by the appellant’s counsel for withdrawal of the appeal and no objectio