Sumanasekara vs Chithra Fernando and K.D. Nimal – CA PHC 68/2005-2012

In the case between Sumanasekara (Public Health Inspector, Walisara) and Chithra Fernando with K.D. Nimal, the court addressed the withdrawal of an appeal in PHC Negambo Case No. 183/2004. It was determined that, upon formal application by the appellant’s counsel, the appeal should be dismissed. The principle reaffirmed is that a party may withdraw its appeal with leave of court, and where such leave is granted, no costs will necessarily be imposed unless otherwise directed. This outcome was guided by procedural fairness and judicial discretion, emphasizing that no further orders as to costs would follow such withdrawal.

A.W.A. Salam J. — Following the application by the appellant’s counsel to withdraw the appeal, it was determined that the application be allowed. Accordingly, the appeal