M.S. Mohomed Mansoor vs S.D.Gunadasa – CA 768/00-2012

In the case between M.S. Mohomed Mansoor and S.D. Gunadasa and another, the court addressed the procedure following an application by the Appellant to withdraw an appeal concerning District Court Colombo Case No — 8437/RE. It was held that the appeal should be dismissed without costs upon such withdrawal, reaffirming the principle that voluntary withdrawal of an appeal by the appellant warrants dismissal without penalty or further order. This decision relied on established appellate practice, emphasizing that the withdrawal of an appeal disposes of proceedings without an adverse order, and that the lower court record must be promptly returned for administrative finality.

Upaly Abeyrathne J. — The application by counsel for the Appellant to withdraw the appeal was recorded. It was determ