ANTALYA REGIONAL COURT OF COURT TO THE RELEVANT LAW OFFICE
To be sent
TO ALANYA 1st FAMILY COURT
FILE NUMBER :
APPLICANT APPLICANT: K.S. 12345678910
ADDRESS :…
ATTORNEY: Atty.
DEFENDANT: S.K. 12345678910
ATTORNEY: Atty.
SUBJECT : It includes our application for appeal and consists of submitting our petition.
DESCRIPTIONS
We are applying to the legal remedy of appeal against the local court decision, whose base number we have mentioned above, in due time. Namely;
1- The decision of the local court to return the ornaments in line with our request in our main case is in accordance with the law, and we have nothing to say about the partial acceptance decision.
2- The decision of partial refusal in terms of the ornaments we demanded in our main case given by the Local Court is against the procedure, principle and law.
3-According to the decision of the local court, our request for the return of the solitaire and 2.000 TL money was rejected.
However, in accordance with the decision of the 3rd Civil Chamber of the Court of Cassation No. 2016/6315, Decree 2017/17405; With the statements of the plaintiff witnesses and the defendant witness ‘…’ (the defendant’s father) that the solitaire ring was worn on the defendant at the engagement, one of the plaintiff’s witnesses said that when we were at the defendant’s house, when we asked the defendant’s mother about the solitaire ring, the defendant threw the ring in anger and could not find it again. ”, it is understood that the solitaire ring, which is the subject of the case, was given as a gift to the defendant due to the engagement and was not returned by the defendant party. This matter also necessitated the reversal of the judgment.” He decided that the solitaire ring was 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 was given to the defendant-plaintiff due to engagement, the decision of the local court to reject this request is against the procedure, principle and law in this respect.
3- In terms of counterclaim, the decision of the local court is in accordance with the law, and we have nothing to say.
CONCLUSION AND REQUEST: With the acceptance of our application of appeal in terms of ornaments rejected by the local court in the main case for the reasons stated above and to be determined ex officio, we submit and request that the decision of the local court be lifted. Best regards …/…/202.
