K. H. L. Fernando vs The Municipal Council, Galle – CA 1209/98 F -2013

In the case between K. H. L. Fernando (Appellant) and The Municipal Council, Galle (Respondent), the court addressed the issue of whether the appellant’s appeal should proceed or be withdrawn. It was held that, upon the appellant’s counsel moving for withdrawal and providing a written request from the appellant, and with the respondent raising no objection, the application to withdraw the appeal was permitted. This decision underscores the principle that parties may withdraw an appeal by formal request with the court’s approval and that such withdrawals may be allowed without adverse cost orders. The determination rests on procedural compliance and mutual consent of the parties, reinforcing efficient finality in appellate proceedings.

K.T. Chitrasiri, J. — The application for withdrawal