T.C Judiciary Court of Appeal 15th Civil Chamber Esas: 2019/ 2160 Decision: 2020 / 679 Date of Decision: 19.02.2020
SUMMARY: As for the concrete case, as explained above, it has been decided to reject the plaintiff-merging file defendants’ petition for correction of the decision, since it is understood that a second request for correction of the decision has been made against the decision formed upon the request for correction of the decision made against the decision of approval with correction given upon the appeal of the local court decision, and this is not possible.
(1086 S. Code Art. 427, 457)
The 23rd Civil Chamber, which reversed the judgment dated 07.11.2018 and numbered 2016/3569 E.-2018 of the 23rd Civil Chamber, which reversed the judgment dated 05.12.2013 and numbered 2011/234 E.-2013/624 K. rendered by the … 17th Civil Judge of First Instance in the case between the plaintiffs 1-… 2-… and the defendant …, and the plaintiff … and the defendants 1-… 2-… in the case numbered 2011/443 /5172 K., the plaintiff-merging file defendants’ attorneys have requested a correction of the decision and it has been understood that the petition for correction of the decision has been submitted within the time limit, the papers in the file have been read, discussed and considered:
Although the request for correction of the decision should be examined by the Civil Chamber of the Court of Cassation, which conducts the appellate review as a rule; With the division of labor decision of the Grand General Assembly of the Court of Cassation dated 09.02.2018 and numbered 2018/1, construction in return for land share
Since the 15th Civil Chamber of the Court of Cassation was assigned the task of examining the requests for appeal or correction of decision in the files arising from the contract> and which came to the Court of Cassation with a request for appeal or correction of decision after 01.07.2016, the request for correction of decision was examined by our Chamber.
The counsel for the plaintiff-defendants of the merged case filed a request for correction of decision against the reversal decision of the 23rd Civil Chamber of the Court of Cassation dated 07.11.2018 and numbered 2016/3569 Main, 2018/5172 Decision. From the examination of the petition and the case file, as a result of the trial conducted in the main and combined case, the decision on the acceptance of the main case and the dismissal of the combined case, upon the appeal of the defendant-merging file plaintiff and the attorney of the substitute intervener, was decided by the 23rd Civil Chamber of the Court of Cassation on 09.12.2015. 2015, with the decision numbered 2014/8458 Esas, 2015/7972 Decision, it was decided to approve the decision by correction, and upon the request for correction of the decision of the defendant-merging file plaintiff, it was decided to remove the decision of approval and to revoke the judgment by accepting the request for correction of decision with the decision numbered 2016/3569 Esas 2018/5172 Decision, dated 07.11.2018. In the decision, it is stated that the way of correction of the decision is open within 15 days from the notification. Since the Regional Courts of Appeal did not become operational as of 05.12.2013, when the local court made the decision subject to appeal, it is accepted that the provisions regarding the legal remedies regulated in Articles 427 and 457 of the Code of Civil Procedure No. 1086 will be applied by referring to the provisional Article 3 of the CCP No. 6100. In the Code of Civil Procedure No. 1086, it is accepted that the decision may be corrected against the decision of the Court of Cassation, except for the exceptions stipulated in Article 440, and there is no provision in the law that more than one decision may be corrected and that the decision may be corrected against the decision given upon the decision correction request. In the absence of such a regulation in the law, it is not possible for the Court of Cassation to grant the parties the right to correct the decision again and for the second time, as the Court of Cassation has stated that the way of correction of the decision is open in its decision upon the request for correction of the decision.
After these explanations, as for the concrete case, as explained above, since it is understood that a second request for correction of decision has been made against the decision made upon the request for correction of decision against the decision of approval with correction given upon the appeal of the local court decision and this is not possible, it was unanimously decided on 19.02.2020 to reject the request for correction of decision of the plaintiff-merging file defendants, to return the paid advance fee for correction of decision to the plaintiff-merging file defendants requesting correction of decision upon request, to be final.
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