Colamba Thanthanthrige Indira Wethmi Perera vs A.R Sikkandar – CA NO. 1135/2000-2013

In the case between Colamba Thanthanthrige Indira Wethmi Perera (Plaintiff/Respondent) and Mohamed Sabry (Substituted-Defendant-Appellant) and Isha Sickandar (Substituted for the deceased A.R. Sikkandar), the issue concerned whether the appeal by the substituted-defendant-appellant should proceed following a reported settlement and the withdrawal of representation. It was held that, due to confirmation of a settlement in the District Court and the revocation of the appellant’s proxy, the appeal could not proceed. The principle reaffirmed is that parties may withdraw appeals by consent, especially where settlement is evidenced, and absent representation prevents further proceedings. Reliance was placed on District Court records and the certified order confirming consent withdrawal. The case