Supreme Court of the Republic of Turkey
23. Law Office
Basis: 2015/ 3694 Decision: 2019 / 5532
Decision Date: 25.12.2019
JUDICIARY DECISION
COURT: Civil Court of First Instance
– DECISION –
1- The petition of appeal given by the attorney of the plaintiff … in the lawsuits with the original number of 2004/432-433-434-435 that appealed the verdict and the defendants in the lawsuits numbered 2004/432-433-434-435 and merged with … Although it has been recorded in the appeal book pursuant to Article 48 of the Code of Civil Procedure, which entered into force, separate appeal fee and appeal decision fee should be charged for each case. 434/3 of the HUMK. With the documents pertaining to the transactions specified by a decision by the court in accordance with the provision of the same article in terms of cases where a memorandum is issued in accordance with the article, and the fees for which the fees are not paid in case of failure to pay,
2- Plaintiffs in the main and consolidating cases 2004/432-433-434-435 and in the case numbered 2010/150-151-152 that merged, the justified decision notification was made directly to the document clerk without ascertaining that the addressee was not present at the time of notification, It has been understood that the notification is an illegal notification contrary to the provisions of the law and regulation, and that the document regarding the notification of the petition of appeal to the aforementioned attorney is not among the file.
In this case, the court had to return the file to the local court for the appeal examination, after the prompt completion of the duly notification of the reasoned decision documents to the said attorney, the documents related to the notification and the certificate of notification, if any, of the notification of the appeal petition. .
CONCLUSION: For the reasons explained above, it was unanimously decided on 25.12.2019 that the file be RETURNED to the local court.
