14. Legal Department 2017/1893 E. , 2020/7967 K.
“Text Of Jurisprudence”
COURT : Magistrate’s Court
16/03/2011 by the plaintiffs against the defendant with the petition Attorney given on the day the result of the elimination request of the partnership at the end of the trial; the case for acceptance of examination requested by the defendant yargitayca 14/07/2016 blog provision given time, but apparently decided upon the adoption of the petition of Appeal has been resolved by examining all the papers in the file and:
Decision
The case concerns the request for liquidation of the partnership.
The deputy plaintiffs requested that the partnership on the real estate No. 6304 ada 11 parcel, which is the subject of the lawsuit, be resolved by selling it.
The defendant … has argued that the 6-storey building in the real estate belongs to him.
The court decided to accept the case and to resolve the partnership on the real estate subject to the case through sale.
The verdict was appealed by the defendant … the deputy.
HMK’s 165th according to the article, if the decision to be made in a case depends in part or in full on whether there is a legal relationship related to another case or the subject of the case, the court may hold a trial until the conclusion of that case.
In the concrete case, the defendant … has filed a lawsuit in the administrative court for the cancellation of the application development plan related to the real estate subject to the lawsuit. In case of cancellation of the zoning plan, the outcome of these cases should be made a waiting issue, as the share and stakeholder status of the real estate may change. Regarding the cancellation of the zoning plan by the court … 2. While the Administrative Court’s case files numbered 2013/1725 and 2014/1824 were made a pending matter and a decision should be made according to the result, it was not considered correct to make a decision in writing, so the decision had to be overturned.
CONCLUSION: For the reasons described above, the defendant … decided unanimously on 01/12/2020 to OVERTURN the provision by accepting the appeals of his/her attorney and to return the money deposited in advance to the depositor.
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