Gurusinghe Arachchige Podi Hamine Karadawatte, Aruggammana vs Wijekodi Pathiraalage Kamalawathi Karadawatte, Aruggammana – CA PHC 14/2007-2013

In the case between Gurusinghe Arachchige Podi Hamine and Wijekodi Pathiraalage Kamalawathi, the court addressed the issue of whether to permit the appellant to withdraw an appeal pending before the Court of Appeal. It was held that the request by the appellant for withdrawal, made in open court and not opposed by the respondent, could be granted. The principle reaffirmed is that, in the absence of substantive objections or procedural barriers, a pending appeal may be withdrawn at the appellant’s request. The determination was made based on established procedural practice and relevant court rules. The impact of the case is the confirmation that voluntary withdrawal of an appeal, with the consent of both parties, leads to dismissal of the matter and ancillary directions such as the return o