Balange Sarojin de Silva vs. Nalange Samanthi Sadhana Dharmabandu nee de Silva – SC APPEAL NO: 140/2011-2015

In the case between Balange Sarojin de Silva (substituted-appellant) and Nalange Samanthi Sadhana Dharmabandu (respondent), with Mallika Homes Limited as an intervenient party, the court addressed whether the District Court possessed the authority to continue the prosecution of a probate application for the estate of Thimbiripolage Sushila de Silva following the withdrawal of the original petitioner. It was held that the District Court, pursuant to Sections 516, 517, 519, 532, and 533 of the Civil Procedure Code, retained jurisdiction to proceed with the testamentary inquiry between the remaining parties. The court reaffirmed the principle that the withdrawal of an initial probate application does not automatically terminate the proceedings where substantive disputes between parties persis