Thajudeen Ahmed Dhahlan vs Kukulage Upasena Perera – CA NO. 1193/2000-2013

In the case between Thajudeen Ahmed Dhahlan (plaintiff) and Kukulage Upasena Perera, Kukulage Sanni Perera (defendants), the court addressed the issue of the withdrawal of an appeal in an ejectment matter. It was held that the appeal was dismissed without costs following an application by the defendants-appellants to withdraw and the plaintiff-respondent’s lack of objection. The principle reaffirmed that where parties mutually consent to withdraw an appeal, the court may dismiss the matter without considering the substantive merits. This outcome emphasized the procedural mechanism for case disposal under such circumstances, directing the return of the record to the original trial court.

Upaly Abeyrathne J. — The withdrawal of the appeal was permitted upon application by the defendants-ap