Petition To Appeal The Consolidation Decision
Consolidation of Cases
2nd LAW CIRCUIT OF JURISDICTION Main : 2018/1321 Decision : 2018/8588 Date : 4.07.2018
Article 166 of the CCP
If there is a connection between the cases, a decision shall be taken to consolidate the cases (Article 166/1 of the CCP). A connection is deemed to exist if the cases arise from the same or similar reasons, or if the judgment to be rendered on one of the cases will affect the other (Article 166/4 of the CCP). Determining the fault of the parties in divorce cases, evaluating the requests such as material and moral compensation (Art. 174/1-2 of the Code of Civil Procedure), poverty alimony (Art. 175 of the Code of Civil Procedure), which are annexes to the divorce, and making the right decision by evaluating them properly is possible by hearing these cases together and evaluating the evidence together.
After the divorce case filed by the plaintiff man at the … Civil (Family) Court of First Instance, the defendant woman filed a divorce case at the … 5th Family Court and the woman requested consolidation. Since there is a connection between the divorce lawsuits filed by the parties, it is necessary to combine the lawsuits filed by the woman and the lawsuits filed by the man and to make a judgment on the merits of both lawsuits, the judgment should be reversed.
CONCLUSION: It was unanimously decided that the appealed judgment shall be reversed for the reason shown above, other appellate objections shall not be examined for the time being according to the reason for reversal, the pre-appeal fee shall be returned to the depositor upon request, and the way of decision correction shall be open within 15 days from the notification of this decision. 04.07.2018
… CRIMINAL COURT OF PEACE;
OBJECTOR :
ADDRESS :
ATTORNEY:
ADDRESS :
SUBJECT : Our objection against the consolidation decision of the … Chief Public Prosecutor’s Office dated …/…/…/… and numbered …/…/…, which was notified on …/…/….
EXPLANATIONS
1-) … Chief Public Prosecutor’s Office …/… Hz. and …/… Hz. files, decided to merge the files on the grounds that there is a legal and actual connection between the preparatory documents, closed the record of the …/… Hz. …/…Hz. and the merger decision dated …/…/…/… and numbered …/…/… was notified on …/…/…/…, but it is not appropriate.
2-) Because in order for a decision to be made to merge the files, there must be a commonality in terms of at least one of the people who are in the position of suspect in the files, that is, at least one person must be included as a “suspect” in each of the files that are considered to be merged; Although our client is a suspect in the file numbered …/… Hz., he does not have a title in terms of the other file, only his testimony was applied for the relevant file and this issue was overlooked. The situation will be realized with the examination to be made by your court on the files.
3-) For the reasons we have explained, it has become necessary to request that the file be sent back to the relevant Chief Public Prosecutor’s Office in order to fulfill this matter by deciding to remove the decision of the … Chief Public Prosecutor’s Office to merge the …/…/…/…dated …/…/…/… numbered.
LEGAL GROUNDS : Article 8-11 of the 5271 S. Code and related legislation.
CONCLUSION AND REQUEST
For the reasons we have explained above, we respectfully request and demand that the decision of the … Chief Public Prosecutor’s Office dated …/…/…/…and numbered …/…/… be revoked and that the file be sent back to the relevant Chief Public Prosecutor’s Office for this matter to be fulfilled. …/…/…
Appellant’s Attorney