P.A. Simmiyon Appuhami and Anula Hadapangoda vs Gunawathi Rajapakshe – CA APPEAL NO.307/98-2014

In the case between P.A. Simmiyon Appuhami, Anula Hadapangoda (Petitioners), and Gunawathi Rajapakshe (Respondent), the issue concerned whether an appeal should proceed amidst the death of one appellant and refusal to accept notices by the remaining parties. It was determined that, due to the absence of all parties and lack of representation, no inclination existed to continue the appeal. The abatement of the appeal was ordered, underscoring the principle that judicial proceedings cannot advance in the absence of interested and participating parties. This outcome highlighted the necessity for parties to actively engage in the appellate process to ensure the consideration of their claims.

K. T. Chitrasiri J. — Upon review of the record, it was found that the 1st defendant-appellant was