Kottepolayata Palalage Somawathie vs Rajakaruna Mohotti Arachchilage Pushpawathie Perera – CA NO. 501/06-2012

The case between Kottepolayata Palalage Somawathie (Plaintiff/Respondent) and Rajakaruna Mohotti Arachchilage Pushpawathie Perera (Defendant/Appellant) addressed the issue of the Defendant/Appellant’s application to withdraw the appeal in view of a judgment delivered in WP/HCCA/AV/395/2008(F). It was determined that, since the relevant judgment was already before the court and the application was formally made by counsel, withdrawal was permitted and the appeal was dismissed accordingly. The principles reaffirmed include the court’s authority to allow withdrawal upon request and the formal requirement for the party’s acknowledgment on record. This decision aligned with procedural fairness and recognized the procedural autonomy granted for parties before appellate courts.

Sarath de Abrew J