K.M. Jayarathna vs K.M. Puchi Banda – CA NO.717/2000-2013

The case between K.M. Jayarathna (6th Defendant-Appellant) and K.M. Puchi Banda and others (Plaintiff-Respondents) involved an appeal in a partition action from the District Court of Kurunegala. The issue centered on the withdrawal of the appeal by the 6th defendant-appellant during appellate proceedings. It was held that, upon application by counsel for the appellant and there being no objection from the respondent, the appeal was dismissed without costs. The principle reaffirmed is that an appellant may withdraw an appeal with leave of the court, particularly where consent is obtained and no objection is raised by the opposing party. Reliance was placed on the proper exercise of judicial discretion in disposing of appeals withdrawn by consent, with the impact being confirmation of proced