Ratuge Kumudini Chanralekha vs lA. A. Josalin Pulleperuma – CA NO. 558/98F-2013

In the case between Ratuge Kumudini Chanralekha (Plaintiff) and Gamage Dona Dayawathie (26th Defendant) along with A. Josalin Pulleperuma (1A Defendant) and A. Wimalawathie (2A Defendant), the appellate court addressed the procedural issue of whether the appeal in Case No. 3828/P could be withdrawn after arguments had been heard. It was held that, upon the Appellant’s request and with no objection from the Plaintiff-Respondent, withdrawal was permitted and the appeal was dismissed without costs. The principle emphasized is that withdrawal of an appeal may be allowed at the appellant’s instance subject to the court’s discretion and absence of objection from the opposing party. The decision was informed by consideration of the parties’ mutual positions and proper procedural practice, confirm