K.P. Jinadasa vs K.A.R. Seelin Karunanayake – CA 164/96 F -2013

The case between K.P. Jinadasa (Plaintiff/Appellant) and K.A.R. Seelin Karunanayake (Defendant/Respondent) addressed the issue of the appellant seeking to withdraw an appeal previously filed in the District Court of Gampaha under Case No — 30520/M. The appeal was allowed to be withdrawn prior to any substantive hearing, resulting in its dismissal without costs. The principle reaffirmed is that an appellant may withdraw an appeal with the consent of the respondent and with leave of court. The decision relied on procedural fairness and the absence of dispute regarding the withdrawal, emphasizing streamlined judicial process when both parties are in agreement and no merits of the case are argued.

Upaly Abeyrathne J. — It was determined that since counsel for the appellant applied to withdr