Jayasinghe Mersian Neeladeniyawatta vs K.A. Nandasena – CA PHC 1402/99-2013

In the case between Jayasinghe Mersian Neeladeniyawatta Hunugala (Plaintiff-Respondent) and K.A. Nandasena (Defendant-Appellant), the court addressed the issue of whether the pending appeal filed by the Defendant-Appellant should proceed in view of an application for its withdrawal. It was determined that, since the Defendant-Appellant sought permission to withdraw the appeal and there being no objection from the Plaintiff-Respondent, the appeal should be dismissed accordingly without an award of costs. The decision reaffirmed that when an appellant applies for such withdrawal with no opposition, the court is empowered to allow the application, formally ending the appellate litigation between the parties.

A.W.A. Salam J. — Counsel for the Defendant-Appellant applied for withdrawal of the