Adikari Mudiyanselage Ranbanda vs Wiskam Nandana Patabadi Naidelage Muhandiram Naide – CA APPEAL NO. 261/98 F -2013

In the case between Wiskam Nandana Patabadi Naidelage Muhandiram Naide (Plaintiff/Respondent) and Adikari Mudiyanselage Ranbanda Alahenegama (Defendant/Appellant), the court considered the issue of whether the defendant-appellant’s appeal should be permitted to be withdrawn. It was determined that, following a motion by counsel for the defendant-appellant to withdraw the appeal and with no objection from the plaintiff-respondent, withdrawal was allowable. The appeal was accordingly dismissed without costs. This outcome reinforced the procedural principle that an appellant may withdraw an appeal if there is no opposition from the respondent, reflecting established procedural rules concerning appellate withdrawals and the discretionary nature of costs orders in such circumstances.

K. T. Chi