T.M.Premawardena vs Nimal Abeysuriya – CASE NO. 1217/99-2014

The case between T.M. Premawardena (Plaintiff-Respondent) and Nimal Abeysuriya and Upali Abeysuriya (Defendant-Appellants) addressed an appeal arising from D.C. Kandy Case No. 24264/MR. The issue was resolved without adjudication on merits as both parties entered into a full and final settlement in open court, with the 1st Defendant-Appellant paying Rs. 100,000/- to the Plaintiff-Respondent. The settlement led to the formal withdrawal and dismissal of the appeal without costs, reaffirming the principle that consensual settlements, once executed and recorded, conclude appellate proceedings. The decision emphasized judicial endorsement of settlements effectuated in open court, highlighting procedural finality and respect for party autonomy.

H.N.J. Perera J. — The record established that bo