Supreme Court of the Republic of Turkey
5. Law Office
Basis: 2019/ 8207 Decision: 2020 / 1728
Decision Date: 06.02.2020
JUDICIARY DECISION
COURT: … 1st Civil Chamber of the Regional Court of Justice
between the parties
without expropriation>
hand
At the end of the proceedings for the prevention of expulsion case: Upon the appeal of the defendant administrative attorney against the decision of the first instance court regarding the acceptance of the case … Upon the appeal of the defendant administrative representative of the decision of the 1st Civil Chamber of the Regional Court of Justice regarding the rejection of the appeal request on the merits, since the postal and notification costs of the request were not paid in due time. The Court of Cassation requested the examination of the additional decision regarding the rejection of which the date and number are written above, with the petition given by the attorney of the defendant administration.
– DECISION –
Case,
without expropriation
hand
relating to the request to prevent throwing.
The judgment rendered by the 1st Civil Chamber of the Regional Court of Justice regarding the rejection on the merits of the appeal made by the defendant administrative attorney against the decision rendered by the first instance court regarding the acceptance of the case was appealed by the defendant administrative attorney, but the appeal was rejected on the ground that the postal and notification expenses were not paid within the definite time period. the decision has been made.
In the examination made; It has been warned that the memorandum notified to the attorney of the defendant administration on 3.11.2017 and the expenses of appeal mail and notification must be paid within one week from the date of notification of the memorandum, otherwise the appeal will be deemed to have been waived. Due to the fact that the expenses were paid to the cashier of the 1st Civil Court of First Instance, which is the first instance court by mistake, within the definite period specified in the memorandum on 13.11.2017 by the attorney of the administration, due to not being informed about this situation, the expenses were not transferred to the file numbered 2017/680 of the Regional Court of Justice. With the additional decision taken by the 1st Civil Chamber of the Court of Justice on 17.11.2017, it has been understood that the appeal request has been rejected. In the examination made after the decision to cancel the additional decision dated
According to the evidence and documents in the file and the grounds on which the decision is based; de facto immovable property
handed over
hand
It was not seen that there was an inaccuracy in the decision to reject the appeal on the merits, pursuant to Article 353/1-b-1 of the Code of Civil Procedure No. 6100, against the decision of the first instance court regarding the prevention of throwing.
Since the objections of the defendant’s administrative attorney were not in place, it was unanimously decided on 06/02/2020 that the verdict, which is in compliance with the procedure and the law, be APPROVED in accordance with Article 370 of the Code of Civil Procedure, that the remaining fee written below should be charged and that the appeal fee received in advance be recorded as revenue to the Treasury.
