Sumathipala Jayasundara vs Chulapala Jayasundara – CA NO 304/2013-2013

In the case between Sumathipala Jayasundara (Petitioner) and Chulapala Jayasundara with others (Respondents), the court addressed the issue of whether the petitioner should be permitted to withdraw the application with liberty to file a fresh application. It was determined that the withdrawal should be allowed and the application dismissed, with the explicit preservation of the right to file anew and no order as to costs. This holding reaffirmed the procedural principle that a party may seek the court’s leave to withdraw, reserving rights for future proceedings. The decision underscores the court’s discretionary power under relevant procedural rules to facilitate such withdrawals, emphasizing judicial economy and procedural fairness.

Anil Gooneratne J. — The findings established that upo