W.M. Swarna Subasinghe vs Deputy Commissioner, Co-Operative Development Office – CA PHC 39/2010-2010

In the case between W.M. Swarna Subasinghe (Petitioner) and the Deputy Commissioner, Co-Operative Development Office, Badulla (Respondent), the court addressed the procedural issue arising from an application to withdraw an appeal pending before the Court of Appeal, which had originated from the High Court of Badulla. It was held that upon the appellant’s application for such withdrawal, formal dismissal of the appeal was appropriate. The principle reaffirmed was that, where an appellant seeks to withdraw the appeal, dismissal follows as a matter of course, ensuring procedural efficiency and finality in appellate proceedings. The decision relied on established procedural rules governing appeals, emphasizing that when withdrawal is permitted at the appellant’s request, the court formally di