Ilandara Pathirannehelage Sumanathilaka vs W.M.M.N. Mohamed Nusly – CA PHC NO. 315/2006-2013

In the case between llandara Pathirannehelage Sumanathilaka (Appellant) and W.M.M.N. Mohamed Nusly, Indra Mallika Weragama, and others (Respondents), the court addressed the issue of whether the appeal by the appellant should proceed in light of the appellant’s formal expression of intent to discontinue the case. It was held that, upon receipt of an affidavit from the appellant confirming the wish to withdraw the appeal, the court permitted the withdrawal and dismissed the appeal accordingly. This reaffirmed the principle that a party’s clear and unequivocal request to withdraw an appeal, properly substantiated, mandates the court to allow such withdrawal, in alignment with procedural fairness and judicial efficiency.

A.W.A. Salam J. — Upon consideration of the affidavit dated 29th Novem