Wakkiya Raja Krishna Moorthi vs Marudei Periyasami – CA PHC 266/2005-2013

In the case between Wakkiya Raja Krishna Moorthi (Appellant) and Marudei Periyasami (Respondent), the court addressed whether the appellant’s appeal should proceed or be withdrawn and determined the liability for costs upon withdrawal. It was held that the appeal, sought to be withdrawn by the appellant, should be dismissed with an order of costs in favor of the respondent, reinforcing the principle that a party withdrawing an appeal may be liable for costs. This decision applied procedural principles related to withdrawal of appeals and emphasized the respondent’s entitlement to costs when not objecting to withdrawal and incurring legal expenses as a result.

A.W.A. Salam J. — It was determined that, following the appellant’s request to withdraw the appeal with no objection from the resp