Wiyathunga Appuhamilage Nandawathie vs Pothupitiya Kankanamlage Dayananda – CA 1151/2000-2014

In the case between Wiyathunga Appuhamilage Nandawathie and others (Plaintiffs-Respondents-Petitioners) and Liyanage Dona Kusumawathie, W. A. Jayarathne, Liyanage Dona Kurunawathie, D. M. Piyasena, and others (Defendants-Appellants-Respondents), the court addressed the issue of withdrawal of an appeal relating to partition proceedings in District Court Avissawella Case No. 15136/L. It was determined that, upon the application of the substituted 2nd Defendant-Appellant’s counsel and with no objection from the Plaintiffs, the appeal could be withdrawn. The holding reaffirmed that parties may, with the leave of court and in the absence of objection, withdraw an appeal, resulting in its dismissal without costs. The decision relied on procedural principles governing appeals and withdrawals, wit