J.M.T. Nandarathna, B.G. Pathmawathie, J.M.Jayantha Kumara vs Naran Kotuwe Gedara Senevirathna – CA PHC 202/2007-2013

In the case between J.M.T. Nandarathna, B.G. Pathmawathie, J.M. Jayantha Kumara (Appellants) and Naran Kotuwe Gedara Senevirathna and Others (Respondents), the court addressed whether an appeal should be permitted to proceed after the appellant indicated, by written communication, an intention not to pursue the appeal due to health reasons and unwillingness to pay the cost of briefs. It was held that, under these circumstances, the appeal stands dismissed, reaffirming the principle that a party who chooses not to prosecute an appeal and explicitly communicates disinterest cannot maintain the process. This decision was guided by procedural fairness and judicial economy, emphasizing that court resources should not be expended where an appellant has voluntarily abandoned the proceedings.

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