Korale Kankanamlage Layanal Ariyawansha Malwanegama vs M.M. Asanka Gunathilaka – CA PHC NO. 31/2011-2013

The case between Korale Kankanamlage Layanal Ariyawansha (Appellant) and M.M. Asanka Gunathilaka, Sri Lanka Mahaweli Authority, and the Hon. Attorney General (Respondents) concerned an appeal arising from PHC Anuradhapura Case No. 39/10. The court addressed the procedural issue of withdrawal of the appeal by the Appellant’s Counsel. It was determined that, upon the Appellant’s request, the appeal should be dismissed as withdrawn. The outcome reaffirmed the principle that an Appellant may withdraw an appeal at any stage with the Court’s permission. This decision highlighted the practice that withdrawal of appeals terminates further consideration on merits and is conclusive regarding the appellate procedure.

Deepali Wijesundera, J. — It was recorded that the Appellant was present and, upon