Turkish Court of Appeals 16th Law Office Base: 2016/ 15334 Decision: 2020 / 492 Decision Date: 17.02.2020
JUDICIARY DECISION
COURT: CIVIL COURT OF FIRST INSTANCE
It is requested that the judgment rendered as a result of the lawsuit between the parties be examined by the Court of Cassation; it was understood that the appeal request was timely, the examination report and the documents in the file were read, NEEDED:
About a part of the immovable located in the study area of the plaintiff …, … District … Neighborhood and which was excluded from detection as a bush during the cadastral studies carried out in 1970,
gaining >
based on the statute of limitations possession, he filed a lawsuit requesting the registration in his name. At the end of the trial held by the court, it was decided to accept the case and to register and register the 3,495.71 square meter area, which is indicated by the letter (A) in the science expert report dated 23.06.2015, to the title deed on behalf of the plaintiff; The judgment was appealed by the defendant Treasury attorney.
According to the content of the file, the evidences on which the decision is based and the legally compelling reasons, and there is no inaccuracy in the assessment of the evidence, the decision to be APPROVED by the rejection of the unfounded appeal objections and the procedural and legal provision, that there is no need to charge due to the Treasury’s exemption from the fee, and a decision within 15 days from the notification of the decision when the legal conditions are met. It was decided unanimously on 17.02.2020, with the way of correction open.