Panikki Mudiyanselage Bandara Manike Vs. Rajapaksha Wasali Mudiyanselage Gamini Herath – CA PHC 63/2011-2011

In the case between Panikki Mudiyanselage Bandara Manike (Appellant) and Rajapaksha Wasali Mudiyanselage Gamini Herath (Respondent), the court addressed the issue of whether the appellant could withdraw the appeal and the resulting procedural consequences. It was determined that, based on the appellant’s request through counsel, the application to withdraw the appeal would be permitted and the appeal dismissed without costs. The holding reaffirmed the principle that a party retains the right to abandon an appeal at any stage, and, absent exceptional circumstances, such withdrawal may be allowed without an order for costs. This outcome rested on established procedural principles related to voluntary withdrawal of proceedings and emphasized the discretionary authority of the court concerning