Turkish Court of Appeals 16th Law Office Principle: 2016/ 14588 Decision: 2020 / 488 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 in time, the examination report and the documents in the file were read, NEEDED:
As a result of the cadastre, the immovables in the study area of …,… ,
gaining >
due to the statute of limitations, it has been determined and registered in the name of the defendant’s testator, partly independently and partly. The plaintiff Treasury filed a lawsuit for the cancellation of the title deed registration of the contested immovables and their registration in the name of the Treasury, claiming that the undocumented immovables identified and registered on behalf of the defendant were more than 100 decares. At the end of the trial by the court, it was decided to reject the case; The judgment was appealed by the plaintiff’s Treasury attorney.
According to the content of the file, the legally compelling reasons with the evidence on which the decision is based, and the fact that there is no inaccuracy in the assessment of the evidence, the objections of appeal that are out of place is rejected and the judgment that is in accordance with the procedure and the law is APPROVED.
when the legal conditions are fulfilled, it was unanimously decided on 17.02.2020, with the possibility of rectification within 15 days from the notification of the decision.