U.A. Sarath Jayawardana vs Ravindra Hewavitharana – 527/2010-2012

In the case between U.A. Sarath Jayawardana (Petitioner) and Ravindra Hewavitharana, S. Punithakuma, and others (Respondents), the court addressed the issue of whether the Petitioner’s application before the Court of Appeal should proceed or be withdrawn. It was determined that, as the Petitioner moved to withdraw the application and no objections were raised by the Respondents, the application was allowed to be withdrawn and the case was dismissed pro-forma without an order for costs. This outcome reinforced the principle that, where an application is withdrawn with no objection from the parties, a pro-forma dismissal is appropriate. The judgment relied on procedural fairness and emphasized judicial economy in circumstances of unopposed withdrawals.

S. Sriskandarajah J. — The proceeding