Magulmaduwe Vidanalage Randohamy vs Nawagamuwa Waduge Duliyana Perera – CA 398/2000-2013

In Nawagamuwa Waduge Duliyana Perera v. Magulmaduwe Vidanalage Randohamy (deceased) and Dissanayaka Mudiyanselage Kamani Pushpalatha (substituted), the court considered whether the appeal relating to the partition of land by the 6A Defendant-Appellant should continue, given her willingness to follow the District Court’s original decision. It was held that the application by the 6A Defendant-Appellant to withdraw the appeal was allowed, leading to the dismissal of the appeal without costs and the matter being remitted to the District Court. The principle endorsed was that a party may withdraw an appeal when there is no objection from the opposing party, particularly when the party expresses willingness to abide by the original decree. This outcome supports the prompt conclusion of litigatio