SUPREME COURT 15. law office
E. 2018/2122
2018/1173 K.
Plaintiffs 1-… 2-… which is the court of first instance for the case between the defendant …… and the decedent … . As a result of the appeal application for the decision No. 29.06.2017 and No. 2016/486-2017/204 issued by the Civil Court of First Instance … District Court of First Instance. Since the appeal application filed by the Legal Department was not made within the deadline, the Supreme Court’s examination of the decision to reject it was requested by the defendant’s deputy, and the papers in the file were read and considered as necessary:
– K A R A R –
The decision issued by the court of first instance was notified to the respondent on 17.07.2017 and the appeal application was filed on 08.09.2017. In cases and works that are subject to judicial leave, if the expiration of the periods appointed by this Law coincides with the holiday time, these periods are also considered to be extended by one week from the day of the end of the judicial holiday without the need for a decision. (HMK 104/1) Duration; If it is determined as a week, month or year, the day it starts ends at the holiday time of the corresponding day in the last week, month or year. (HMK 92/2) HMK 104. september August 31, the end of the judicial year, and not from the date of September 1, when the new judicial year begins, since the article stipulates that the period will be considered extended by one week from the day of the holiday, a week account must be made from the date of August 31, when the judicial year ends. September Thursday is the Thursday of the last day of the judicial holiday, so the last day of the extended period is the date of September 7, 2018, which coincides with Thursday.
There is an opinion in the teaching that a week’s period will be calculated from the day the holiday ends, and the last day of the extended period is the date of September 7. (Prof. Dr. L. Dr. Şanal Görgün/Asst. Assoc. Dr. Levent Börü/Asst. Assoc. Dr. Barış Toraman/Dr. Mehmet Kodakoglu-Civil Procedure Law 6. edition sf. 215 Competently 2017). There are also decisions in the Supreme Court’s application that accept that the last day of the period is September 7. (Example: 2. HD. 2016/365 e. 2017/654 K. 3. HD. 2015/15249 E 2015/16810 K, 4. HD. 2015/14837 E. 2017/5939 K, 15. HD.2016/6210 E. 2016/5175 K, 11. HD. 2015/11749 E 2016/8966 K, 14. HD. 2016/5439 E 2016/9213 K, 19. HD. 2015/17494 E 2016 7567 K )
The period for filing an appeal against the decision of the court of first instance is HMK 345. according to the article, it is two weeks from the date of notification and an appeal has been filed after this period of judicial leave has expired. Without a decision made by the court of first instance based on whether the appeal application is in due course, the decision to reject it has been appealed within the time limit given by the legal department of the regional court of justice to which the file was sent, as the appeal application is not in due course.
If the application for appeal is not within the deadline, HMK 346/1 is issued by the court that issued the decision. according to the article, the rejection of the application for appeal must be decided. If the file has been sent to the district court of justice without a decision in this way, in accordance with the decision of 01.06.1990 to merge the case law of 1989/31 and 1990/4 of 01.06.1990, the legal department of the district court of justice may also decide to reject the application for appeal by the da without the need to translate the file to the district court. Although the decision to merge this case law was made due to the provisions of the HUMK, similar regulations in the HMK should also be applied from the point of view of appeal and appeal in accordance with the provisions of the HMK, since they require the same interpretation and conclusion.
According to the articles in the file, the evidence on which the decision is based, and the mandatory reasons in accordance with the law, the rejection of all appeals that are not in place in accordance with the procedure and the provision that is in accordance with the law HMK 370. approved in accordance with Article 302/5 and 373 of the Code. taking into account the provisions of the article, it was unanimously decided to send the file to the court of first instance and an example from the decision to the Legal Department of the Regional Court of Justice, to be final on 27.03.2018.
