Sumedha Rambukpotha Elapatha Kumarihamy et al. vs Margret Gurusinghe et al. – CA 336/98/F-2014

In the case between Sumedha Rambukpotha Elapatha Kumarihamy (substituted by Romesh Alexander Iddamalgoda Elapatha), S.A.I. Elapatha, E.J.I. Elapatha, and Elaine Seetha Ratwatte (Plaintiffs/Appellants) and Margret Gurusinghe (deceased), Violet Wijeratne, D.R. Hettiarachchi (deceased), and others (Defendants/Respondents), the Court of Appeal addressed the issue of whether an appeal in a civil action should proceed when the parties have settled the matter amicably outside the court. It was determined that, upon counsel for the Plaintiff-Appellants’ request for withdrawal—due to an out-of-court settlement—and with no opposition from the Defendant-Respondents, the appeal should be dismissed. The finding reaffirmed the procedural principle that where all parties express consent to withdraw proce