Leelawathi vs. Sumanawathi – CA 1239/99-2013

The case between I. Leelawathi (Plaintiff-Appellant) and I.G. Sumanawathi (Defendant-Respondent) addressed whether the Plaintiff-Appellant’s appeal in D.C. Kegalle Case No. 25493/P should be allowed to proceed or withdrawn at the Plaintiff-Appellant’s request, and whether costs should be awarded. It was determined that, following an application by counsel for the Plaintiff-Appellant to withdraw the appeal without seeking costs, the appeal should be dismissed without costs. This reaffirms the principle that where a party seeks voluntary withdrawal of an appeal and no costs are claimed, it is proper for the court to dismiss the appeal without an order as to costs. The decision relied on established procedure, emphasizing that withdrawal at the party’s request justifies dismissal without cost