Ariyadasa Nanayakkara vs Kodithuwakku Arachchige Karunawathie – CA PHC 188/2002-2013

The case between Ariyadasa Nanayakkara and Kodithuwakku Arachchige Karunawathie addressed the issue of whether an appeal should proceed when the appellant sought its withdrawal. The court held that, upon the appellant’s application and in the absence of objection from the respondent, the appeal was dismissed without costs. This decision reaffirmed the principle that withdrawal of an appeal by the initiating party, if unopposed, justifies dismissal without penalty. This approach is consistent with established procedural fairness and the efficient administration of justice, confirming that courts may allow withdrawal and dismiss appeals accordingly.

A.W.A. Salam J. — Upon application by the appellant to withdraw the appeal, and in the absence of objection from the respondent, it was determ