Adikara Mudiyanselage Edved Weerasinghe & Wasala Mudiyanselage Thamara Weerasinghe vs Thanuja Dilhani Panditharathna & Wasantha Kumara Senadeera – CA PHC 134/2008-2012

In the case involving Adikara Mudiyanselage Edved Weerasinghe and Wasala Mudiyanselage Thamara Weerasinghe (Appellants) and Thanuja Dilhani Panditharathna with Wasantha Kumara Senadeera (Respondents), the court addressed the issue of whether to grant a motion for withdrawal of the appeal. The appeal was withdrawn following a motion by the appellant’s counsel, and the respondent’s counsel raised no objections. The appeal was accordingly dismissed without costs. This decision reaffirmed the principle that, with the consent of both parties, an appeal may be withdrawn and dismissed without costs. The ruling drew upon established procedural practices regarding voluntary withdrawal of appeals, underscoring the court’s discretion in ordering dismissal without costs when no objection is raised.

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