Hiralu Pathiranehelage Leelawathie et al. vs Wedisinghe Mudiyanselage Saranpala et al. – CA NO: 347/98F-2014

In the case between Hiralu Pathiranehelage Leelawathie and others (Defendant-Appellants) and Wedisinghe Mudiyanselage Saranpala and others (Plaintiff-Respondents), the court addressed whether the appeal in D.C. Kuliyapitiya Case No — 6092/P should proceed or could be withdrawn at the request of the appellants. It was held that, given the appellants’ application to withdraw the appeal with no objection from the respondents, the appeal could be dismissed accordingly. This holding reaffirmed the principle that an appellate withdrawal is permissible upon application when not contested by the opposing party. The decision was guided by procedural fairness, emphasizing that the dismissal without costs properly disposed of the appeal on a mutually acknowledged basis.

K.T. Chitrasiri J. — It was