Samson Canicious Ekanayake vs Thuse Perera Liyanaralalage Bertrum Hilari Perera – CA 924/2000-2014

In the case between Samson Canicious Ekanayake and Thuse Perera Liyanaralalage Bertrum Hilari Perera (deceased) and others, the court addressed the issue of whether the plaintiff-appellant’s request to withdraw the appeal ought to be permitted. It was determined that, as the defendant-respondents did not object to the withdrawal, the application to withdraw the appeal would be allowed. The appeal was consequently dismissed without costs, and the Registrar was instructed to transmit the case record to the relevant District Court. The decision reiterates that, where no party objects, a party may withdraw an appeal as a matter of procedural fairness, with procedural directives in accordance with court policy.

Upaly Abeyrathne J. — Upon application by counsel for the plaintiff-appellant to w