Kottawa Gamage Upasena and Kottawa Gamage Sisirapala vs OIC, Police Station, Athurugiriya – CA PHC 196/2006-2013

The case between Kottawa Gamage Upasena and Kottawa Gamage Sisirapala (Appellants) and the Officer-in-Charge, Police Station, Athurugiriya (Respondent) addressed the procedural issue of whether an appeal may be withdrawn upon the appellant’s request. It was determined that, upon application made by the appellant and the absence of objection from the respondent, the withdrawal was permissible. The appeal was accordingly dismissed without an order as to costs. The decision reinforced the principle that appellate proceedings may be discontinued at the instance of the appellant, subject to court approval and absence of prejudice to the respondent, in accordance with established procedural norms.

A.W.A.Salam J. — The application to withdraw the appeal was presented by counsel for the 2nd Part