H.C Nanayakkara vs A.M. Nirmala Subashini Adikari – CA PHC NO. 220/2005-2012

In the case between H.C. Nanayakkara (Auto Tire House, Wegalpola, Nakkawatte) and A.M. Nirmala Subashini Adikari (Executive Engineer, Road Development Authority, Kuliyapitiya), the issue concerned whether an appeal should proceed after the appellant submitted a request for withdrawal. It was held that the appeal stood dismissed upon recording the appellant’s formal withdrawal request. This determination reaffirmed the procedural principle that appeals may be withdrawn by the appellant before adjudication, and such withdrawal, when duly communicated, brings the appeal to a close without further judicial determination on its merits. The process was implemented by placing the withdrawal request on record and returning the case file to the original court, thereby concluding appellate proceedin