Beligahage Don Nandasena Abeyrathna vs Opallage Don Nandasena – CA NO. 1295/2000-2013

In the case between Opallage Don Nandasena (Plaintiff-Respondent) and Beligahage Don Nandasena Abeyrathna (Defendant-Appellant), the court addressed the issue of whether the Defendant-Appellant’s application to withdraw the appeal should be allowed. The appeal, originating from the District Court of Horana and brought before the Court of Appeal, turned on the procedural matter of voluntary withdrawal. It was held that, since the Defendant-Appellant personally sought withdrawal and the Plaintiff-Respondent raised no objection, the appeal could be dismissed without costs. The record was ordered to be returned to the District Court, thereby concluding the appellate proceedings. The decision reaffirmed the principle that an unopposed application for withdrawal of an appeal may be permitted, co