R. CASSIM, Applicant, and, M. T. JAINUDEEN and others, Respondents

098-NLR-NLR-V-63-R.-CASSIM-Applicant-and-M.-T.-JAINUDEEN-and-others-Respondents.pdf


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SIaSTNETAMBY, J.—Cassim v. Jainudeen
1902Present:Sinnetamby, J., and Herat, A.J.It. CASSIM, Appellant, and M. T. JAINUDEEN and others,
Respondents
S. C. 545—D. C. Badulla, 8091LMentioned for withdrawal
Appeal—Procedure for -withdrawal.
When, after an appeal from a judgment of a District Court has been filed, theparties jointly wish to withdraw the appeal, application must be made to theSupreme Court and not to the District Court.
jAlPPEAL from a judgment of the District Court, Badulla. Mentioned,for withdrawal.
No appearance for either party.
January 22, 1962. Sinnetamby, J.—
In this case it would appear that after an appeal was filed parties to theaction submitted a joint motion to the District Judge in which they askedthat the appeal be abated. Once a petition of appeal has been filed, unlessthe grounds for abatement are based on the express provisions of the Code,an application to abate the appeal cannot be made to the District Court,but the application for the withdrawal of the appeal should be made tothis Court. We therefore direct that the Proctors for the plaintiff and thedefendant be informed that they must make a proper application to thisCourt for the withdrawal of the appeal.
Herat, A.J.—I agree.
Directions given regarding withdrawal of appeal.