Court Of Cassation Decision On Deed Cancellation And Registration
5th Civil Chamber Esas: 2019/ 2987 Decision: 2020 / 2936 Decision Date: 20.02.2020
SUMMARY: Since it is understood that the notary notifications made in respect of the heirs are deemed invalid, it is not correct to consider that it should be decided to accept the lawsuit in respect of the defendant …, considering that the expropriation process for the defendant … has become final, although it is not correct; since the correction of this error does not require a retrial, the judgment should be approved by correction.
(2942 S. K. art. 17)
At the end of the trial held due to the land deed cancellation and registration case between the parties based on Article 17 of the Expropriation Law: The Supreme Court of Appeals has been requested to review the above numbered and dated judgment on the dismissal of the case with the petition submitted by the attorney of the plaintiff administration, and after the documents in the file were read and the dispute was understood, the necessity was discussed and considered:
DECISION
The lawsuit is related to the request for cancellation and registration of title deed based on Article 17 of the Expropriation Law.
Court has made an examination and a judgment in accordance with the reversal decision and the decision has been appealed by the representative of the plaintiff administration.
The other appellate objections of the plaintiff administration’s counsel other than the following paragraph are not relevant since they are related to the aspects finalized by the reversal. However;
The lawsuit filed by the defendant in the file numbered 2010/511 E., 2013/177 K. of the … 7th Civil Court of First Instance on the immovable requested to be registered, the compensation lawsuit based on compensation based on expropriation without expropriation, the case numbered 2017/6461 E., 2018/10342 K., it is understood that the notary notifications made in respect of the heirs other than … of the muris …, the owner of the immovable subject to the lawsuit with a 1/4 share, were deemed invalid, and it was not considered that the lawsuit should be decided to accept the lawsuit in respect of this defendant, considering that the expropriation process became final in respect of the defendant ….,
Even if it is not correct; since the correction of this mistake does not require a retrial,
To remove the phrase (Rejection of the lawsuit of the plaintiff’s attorney) in paragraph (1) of the judgment paragraph of the reasoned decision, and to replace it with the sentence (Partial acceptance of the lawsuit and cancellation of the share falling to the defendant defendant …, the heir from the 1/4 share belonging to the muris … in the immovable property numbered 116 block 58 parcel in … Province, … District, … Neighborhood, 116 block 58, and registration and registration of the land deed in the name of the Treasury, and dismissal of the lawsuit filed against the other defendants),
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