Ilangadassa Rajakaruna & Herath Mudiyanselage Jayathilake Rajakaruna vs Nishshanka Mallika Sriyani De Silva – CA 123/98 F -2013

The case between Ilangadassa Rajakaruna Herath Mudiyanselage Jayathilake Rajakaruna (Appellant) and Nishshanka Mallika Sriyani De Silva (Respondent) addressed the issue of the appellant’s appeal in a civil matter before the Court of Appeal. The appeal was rendered moot when the appellant moved to withdraw it. The holding established that, upon such withdrawal, the appeal stands dismissed without an award of costs to any party. The decision underscores that withdrawal of an appeal disposes of the appellate proceedings without further adjudication on merits.

K.T. Chitrasiri J. — It was determined that, following the appellant’s application through counsel to withdraw the appeal, permission for withdrawal was granted. Consequently, it was ordered that the appeal be dismissed with no order a