Kohilawaththe Gamage Don Shelton De Alwis vs Herath Mudiyansalage Karunathilake – CA NO.1002/98-2013

In the dispute between Kohilawaththe Gamage Don Shelton De Alwis (Plaintiff-Respondent) and Herath Mudiyansalage Karunathilake and Herath Mudiyansalage Mudalihami (Defendant-Appellants), the court considered the application for withdrawal of an appeal in a civil matter. It was held that the appeal could be withdrawn as there was no objection from the Plaintiff-Respondent, resulting in the appeal being dismissed without costs. The decision affirmed the procedural principle that an appeal may be withdrawn with leave of court and where both parties do not contest such withdrawal, aligned with established practice ensuring efficient disposal of appeals.

K.T.Chitrasiri J. — It was recorded that the attorney for the Defendant-Appellant moved to withdraw the appeal and, upon confirmation of n