The Case For The Elimination Of The Commonality Should Be Made A Holding Matter For The Cancellation Of The Zoning Plan
14th Civil Chamber 2017/1893 E. , 2020/7967 K.
“Case Law Text”
COURT :Magistrate Law Court
At the end of the hearing held on the request for the elimination of the partnership with the petition given by the plaintiffs’ attorney on 16/03/2011 against the defendants; the Supreme Court of Appeals examination of the judgement dated 14/07/2016, which was given on the acceptance of the case, was requested by the defendant …, and after the acceptance of the petition of appeal, which was understood to be in due time, the file and all the papers in it were examined and considered as necessary:
DECISION
The lawsuit is related to the request for dissolution of the partnership.
The attorney for the plaintiffs requested a decision to resolve the partnership on the immovable property numbered 6304 block 11 parcel of land subject to the lawsuit by sale.
Defendant … defended that the 6-storey building on the immovable belongs to him.
The court decided to accept the lawsuit and resolve the partnership on the immovable property subject to the lawsuit by sale.
The judgement was appealed by the defendant …’s attorney.
According to Article 165 of the CCP, if the judgement in a case is partially or completely dependent on another case or the existence of a legal relationship related to the subject matter of the case, the court may suspend the proceedings until the conclusion of that case.
In the concrete case; the defendant … filed a lawsuit in the administrative jurisdiction for the cancellation of the zoning plan related to the immovable property subject to the lawsuit. Since the share and stakeholder status of the immovables may change in the event of the cancellation of the zoning plan, the outcome of these lawsuits should be made a matter of waiting. It was not deemed correct for the court to make a decision as written, while the court should make the case files numbered 2013/1725 Esas and 2014/182 Esas of … 2nd Administrative Court regarding the cancellation of the zoning plan as a waiting matter and make a decision according to the result, and therefore, the decision should be reversed.
CONCLUSION:
For the reasons explained above, it was unanimously decided on 01/12/2020 to accept the appeal objections of the defendant … attorney and to VACATE the judgement, and to return the prepaid fee to the depositor.
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