E.A.P. Ariyadasa & Jothirathnage Samarathunga vs Galappaththi Meranchilage Jayalatha De Silva – CA APPEAL NO. 167/98 F -2013

In the case between E.A.P. Ariyadasa, Jothirathnage Samarathunga (Appellants) and Galappaththi Meranchilage Jayalatha De Silva (Respondent), the court considered the issue of voluntary withdrawal of an appeal by the appellants. It was held that, upon request by the counsel for the appellants to withdraw the appeal, the withdrawal was granted. The principle affirmed is that a party may withdraw an appeal with leave of court, and such withdrawal can result in dismissal without costs. This outcome was based on the procedural discretion of the court, underscoring that where an application to withdraw an appeal is allowed, final disposal follows accordingly.

K.T. Chitrasiri J. — The appeal was listed, and the counsel for the appellants presented a request to withdraw the appeal. After conside