Wakwella Kankanamge Tuder Dias vs Wakwella Kankanamge Amith Kumara Dias – CA PHC NO. 201/2006-2013

In the case between Wakwella Kankanamge Tuder Dias (Appellant) and Wakwella Kankanamge Amith Kumara Dias (Respondent), the court addressed whether an appeal before the Court of Appeal should be permitted to proceed or be withdrawn at the appellant’s request. It was held that, upon the appellant’s formal motion to withdraw the appeal, leave for withdrawal was granted and the appeal was dismissed without an order for costs. This outcome reaffirmed the principle that a party may discontinue an appeal with the court’s permission, and procedural orders regarding withdrawal will be recognized without cost implications unless otherwise directed. The decision followed established appellate procedure and clarified that withdrawal by consent effectively concludes appellate proceedings unless specifi