Kulasekera Mudiyanselage Punchi Nilame et al. vs A. P. Somarathna et al. – CA NO.187/97 F -2013

In the case between Kulasekera Mudiyanselage Punchi Nilame and others (appellants) and A. P. Somarathna and others (respondents), the court addressed whether the appeals filed by the 7th, 8th, and 9th defendant-appellants should be allowed to proceed or be withdrawn following a motion for withdrawal and their subsequent non-appearance. It was held that the appeals of the 7th, 8th, and 9th defendants should be dismissed upon their withdrawal request, affirming the principle that a party may withdraw an appeal at its discretion before adjudication. This determination relied on established practice and procedural law governing voluntary withdrawal of appeals, emphasizing the court’s disinclination to impose costs where parties have withdrawn before substantive hearing.

K.T.Chitrasiri J. — I