Adhikari Arachchige Sirimawathie Sawandana vs Benadik Karunarathne Sawandana – CA 220/99-2013

The case between Adhikari Arachchige Sirimawathie (Plaintiff-Appellant) and Benadik Karunarathne (Defendant-Respondent) addressed the withdrawal of an appeal before the appellate court. It was determined that the appeal was to be withdrawn without an order for costs, reaffirming the principle that parties may, with leave of court and no objection from the opposing party, withdraw appellate proceedings without prejudice as to costs. The decision relied on procedural rules relating to appellate practice, emphasizing that once withdrawal is requested and not opposed, the appeal is dismissed accordingly, and the matter is concluded without further orders as to costs.

H.N.J. Perera J. — It was recorded that counsel for the Plaintiff-Appellant moved for permission to withdraw the appeal withou