Gunewardene vs Gunawardena – CA 1307/99 F -2014

In the matter between Padukkage Don Deshabandu Gunawardena (Plaintiff-Respondent) and Katuwawalage Dona Premawathie Gunewardene, Padukkage Don Sagara Gunawardene, and Padukkage Dona Ganga Gunawardene (Defendant-Appellants), the Court addressed the withdrawal of an appeal in a partition action arising from District Court Panadura Case No — 461/P. It was determined that when Defendant-Appellants, through counsel, sought to withdraw their appeal, the withdrawal could be permitted subject to the awarding of costs to the Plaintiff-Respondent. The order reinforced the principle that parties withdrawing an appeal may have costs awarded against them, in accordance with prevailing procedural rules and the Court’s discretion. The findings established the proper transmission of orders and records to