ANTALYA BAM RELEVANT LAW COURT
To Be Sent
ALANYA 1ST FAMILY COURT
FILE NO :2021/ÇÇÇÇ E. 2022/ÇÇÇÇ K.
APPELLANT :K.S. 12345678910
ADDRESS :…
Attorney :Av.
DEFENDANT :S.K. 12345678910
Attorney :Av.
SUBJECT :It consists of the submission of our petition containing our appeal application.
A P P L A C T I O N S
We apply to the legal remedy of appeal within the time limit against the local court decision, the basis number of which is stated above. As follows
1- The decision of the local court to return the jewellery in line with our request in our main case is in accordance with the law, and we have nothing to say to the partial acceptance decision.
2- The partial rejection decision of the local court in terms of the jewellery we demanded in our main case is contrary to the procedure, substance and law.
3- In accordance with the decision of the local court, our request for the return of the single stone and 2.000 TL money was rejected.
.
However, the Court of Cassation 3. HD 2016/6315 Main, 2017/17405 Decision numbered; “with the statements of the plaintiff witnesses and the defendant witness ‘…’ (the defendant’s father) that the defendant was given a solitaire ring at the engagement, and the statements of the plaintiff witnesses … “When we asked the defendant’s mother about the solitaire ring, she said that the defendant threw the ring in anger and could not find it again” while she was at the defendant’s house, it is understood that the solitaire ring subject to the lawsuit was gifted to the defendant due to the engagement and was not returned by the defendant, and in this respect, while the court should decide to accept the lawsuit in terms of the demand for the solitaire ring subject to the lawsuit, the rejection of this demand was not deemed correct, and this issue required the reversal of the judgement. ” The court decided that the solitaire ring is not a customary item and should be returned.
In addition, although it was declared by the plaintiff and the defendant witnesses that 2.000 TL money was given to the defendant-plaintiff due to the engagement, the decision of the local court to reject this request is also contrary to the procedure, substance and law in this respect.
3- In terms of the counterclaim, the decision of the local court is in accordance with the law and we have nothing to say.
CONCLUSION AND REQUEST:
For the reasons stated above and to be determined ex officio, we request and demand that our appeal application be accepted in terms of the jewellery rejected by the local court in the main case and that the local court decision be removed. Sincerely …/…/202.
You can access our other article examples and petition examples by clicking here.