N.A. Jayasiri vs W.P. Kusalaguna – CA NO. 1377/99 F -2013

In the case between N.A. Jayasiri (Appellant) and W.P. Kusalaguna (Respondent), the court addressed the issue of whether the appeal instituted by N.A. Jayasiri should proceed or be withdrawn. It was determined that, upon the appellant’s application to withdraw and there being no objection from the respondent, the appeal was dismissed without costs. The principle reaffirmed is that an appeal may be withdrawn with the court’s leave when no prejudice arises to the respondent, in accordance with procedural fairness and judicial discretion.

A.W.A. Salam J. — Upon consideration of counsel’s motion for withdrawal of the appeal and the respondent’s lack of objection, the application for withdrawal was allowed. The appeal was dismissed without an order for costs.

Sunil Rajapakshe J. — agreed wi