W.H. Ariya Kumara v. K.K.D.B. Yamuna Rani Karunarathne – CA PHC NO. 79/2013-2013

In the case between K.K.D.B. Yamuna Rani Karunarathne (Plaintiff) and W.H. Ariya Kumara (Defendant), the court addressed the issue of a defendant’s appeal following a settlement reached between the parties. It was determined that, pursuant to a letter submitted by the defendant on 24/06/2014 indicating the intention to withdraw the appeal due to the settlement, the appeal was dismissed. The decision reaffirmed the principle that once parties have settled, appellate proceedings may be discontinued upon formal request, with procedural fairness and finality. This outcome relied upon the mutual agreement of the parties and the defendant’s express communication to court, underscoring the prerogative to withdraw appeals where disputes are resolved, without imposition of costs.

K.T.Chitrasiri J.