Ven. Habarakada Samitha Thero vs Srimathi Wijethunga – CA NO. 215/98 F -2013

In the case between Ven. Habarakada Samitha Thero (Plaintiff) and Niunhlla Podi Appuhamilage Somapala (1st Defendant-Respondent-Respondent) and Srimathi Wijethunga (2nd Defendant-Appellant-Respondent), the appeal arose from the proceedings of D.C. Colombo Case No. 8125/RE. The central legal issue concerned an application to withdraw an appeal previously filed by the 2nd Defendant-Appellant. The decision delivered established that, upon the request of counsel for the 2nd Defendant-Appellant, the appeal was permitted to be withdrawn and consequently dismissed without costs being awarded to any party. The principle reaffirmed by this decision relates to the court’s discretion in allowing a party to withdraw an appeal and the standard approach in not imposing costs where the withdrawal occurs