Gunerathna vs Witharana – CA PHC NO. 185/2004-2014

In the case between A.C. Gunerathna (Appellant) and J.H. Witharana and others (Respondents), the court addressed the appellant’s motion to withdraw an appeal, with the stated intention to pursue recourse through a separate civil action. It was determined that the application for withdrawal was well-founded, leading to the formal dismissal of the appeal without an award of costs. The legal principle reaffirmed is that an appeal may be withdrawn at the appellant’s discretion, provided the court is informed and costs are considered accordingly. The decision rests on procedural fairness and the court’s discretionary oversight in managing appellate process, establishing that such withdrawals neither prejudice future rights nor attract an automatic order for costs.

K.T.CHITRASIRI, J. — It was