Rajapakshe Pathirage Nandawathie vs Kuruppuge Mahindasena – CA PHC 51/2006-2013

In the case between Rajapakshe Pathirage Nandawathie (Appellant) and Kuruppuge Mahindasena (Respondent), the court addressed the issue of whether to permit the withdrawal of an appeal relating to PHC Avissawella Case No — 67/2004/R. It was held that, upon request by the 1st and 2nd Petitioner-Respondent-Appellants, the appeal could be withdrawn. The appeal was accordingly dismissed without costs. This outcome reaffirmed the procedural principle that parties may withdraw appeals at their discretion, subject to court approval. The decision was based on the oral application presented by the appellants, and it was emphasized that dismissal followed the parties’ voluntary withdrawal, with no order as to costs being imposed.

A.W.A. Salam J. — Upon the appearance of the 1st and 2nd Petitioner-