Hittara Gedara Abeyratne and Hittara Gedara Swarnalatha vs Secretary of Aria Secretary Office – CA PHC 154/2005-2012

In the case between Hittara Gedara Abeyratne and Hittara Gedara Weerasinghe, the court considered whether the appeal lodged by the appellants should proceed or be withdrawn after a formal application for withdrawal was tendered. It was determined that, on the filing of a withdrawal request signed by the appellant and submitted in open court, the appeal was dismissed and proceedings were terminated. The decision reaffirmed the principle that an appeal can be withdrawn at the instance of the appellants upon formal application, consistent with established appellate practice and procedure. This outcome underscores the importance of express and recorded applications for withdrawal in procedural law and the finality such action confers on legal proceedings.

Rohini Marasinghe J. — Upon applicat