Hemakumari K. Hettige and others Vs. Chandrasena Masakorala and others – CA PHC 16/2005-2012

In the case between Hemakumari K. Hettige and Indrakumari K. Hettige (plaintiffs/petitioners) and Chandrasena Masakorala, G. Ranaweera, Mayakaduwa Karunanayake N. de Silva, and the Urban Council, Maharagama (defendants/respondents), the court addressed the issue of whether the petitioners’ appeal should be permitted to proceed or be withdrawn following a motion by the petitioners’ counsel. It was determined that, upon the application of counsel and the presence of both appellants, the appeal should be dismissed without costs. This determination reinforced the principle that parties are entitled to withdraw appeals, subject to the court’s discretion, as provided under the procedural rules governing appeals in the jurisdiction. The decision highlighted judicial economy and the parties’ auton