M.G. Ranasinghe vs M.G. Dingiri Amma – CA NO. 766/2000-2013
In the case between M.G. Dingiri Amma (Plaintiff-Respondent) and M.G. Ranasinghe (Defendant-Appellant), the court addressed the issue of withdrawal of the appeal filed by the Defendant-Appellant against an order of the District Court of Matale. It was determined that the application for withdrawal, made with the consent of both parties and upon instructions via the Legal Aid Commission, warranted the dismissal of the appeal without costs. This determination reaffirms the principle that an appellate court may permit withdrawal of an appeal upon application by the appellant and in the absence of objection from the respondent. The court’s reasoning relied on established appellate procedure, emphasizing procedural justice and finality once parties are in agreement regarding the withdrawal.
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