Undugodage Jayawathi Rodrigo and 2 others vs Undugodage Joseph Peter Rodrigo – CA 650/2000-2014

In the case between Undugodage Joseph Peter Rodrigo (Plaintiff-Respondent) and Undugodage Jayawathi Rodrigo and others (Defendant-Appellants), the court addressed the issue of whether the appeal filed by the 7th, 8th, and 9th Defendant-Appellants in a partition action regarding property rights should be permitted to be withdrawn. It was determined that, since the Plaintiff-Respondent raised no objection and after allowing the 2nd Defendant-Respondent’s counsel additional time for consideration, there was no impediment to the requested withdrawal. The appeal was dismissed without costs, reaffirming the principle that voluntary withdrawal of appeals is permitted when not objected to and due process has been observed. The findings established that procedural fairness and party autonomy in app