Sri Lanka Insurance Co-operation vs M.V. Dulawathi Perera – CA 583/99 F -2013
In the case between Sri Lanka Insurance Corporation (and others) and M.V. Dulawathi Perera (and others), the court addressed the legal implications of a withdrawal of appeal by the 3rd Defendant-Appellant. It was determined that the motion to withdraw the appeal could proceed without costs, given that no objections were raised by the parties. The Plaintiff undertook to satisfy the decree after reimbursement of the deposited amount with interest. The court held that the appeal should be dismissed without costs in both the Court of Appeal and the District Court, and ordered prompt return of the case record to the District Court of Kalutara. The principles reaffirmed included that voluntary withdrawal of an appeal, with the consent of parties and in the absence of objections, may be granted o

