Munasinghe Arachchige Done Hemalatha vs Galabada Liyanage Ariyadasa – CA 316/98-2013

In the case between Munasinghe Arachchige Done Hemalatha (Plaintiff) and Galabada Liyanage Ariyadasa (Defendant), the court addressed the issue of whether an appeal may be withdrawn by the substituted defendant-appellant with civil rights reserved. It was determined that the appeal could be withdrawn without objection, subject to the express reservation that the appellant’s civil rights would not be prejudiced. This outcome highlighted the principle that a party may withdraw an appeal, and such withdrawal—particularly when not opposed and dealt with by court order—does not operate as a bar to future assertion of civil rights. The decision emphasized fairness in procedural withdrawal and reinforced that procedural dismissal does not inherently affect substantive civil entitlements.

K.T. Ch