FROM THE TC KARS 2ND CIVIL COURT OF FIRST INSTANCE
FROM THE TC KARS 2ND CIVIL COURT OF FIRST INSTANCE
DOCUMENT NO : 2019/269 DECISION NO : 2023/278 At the end of the open trial of the Expropriation (Price Determination and Registration) case filed in our court against the plaintiff Highways 18th Regional Directorate;
PROVISION:
1- THE CASE IS ACCEPTED , THE EXPROPRIATION PRICE OF THE REGISTERED SHARE OF THE FIELD OF THE PROPERTY NUMBERED IN THE 0TH PARTS 2457, ...4- The title deed registration of the share (23/110 shares) registered in the name of the defendants of the immovable property with parcel number 2457 in Kars province, Susuz District, Yolboyu village, be cancelled and REGISTERED AS A ROAD in favor of the General Directorate of Highways, be REGISTERED in the name of the administration, free from all encumbrances, and the report and sketch drawn by the technical expert dated 13.03.2020 be considered as an annex to the decision.
5- A copy of the decision will be sent to the Kars Provincial Land Registry Directorate in accordance with the EBL 28, 6- A copy of the decision will be added to the Kars Land Registry Directorate ex officio in order to fulfill the requirements of the decision, (the report and sketch drawn by the Technical expert dated 13.03.2020 will be added to the warrant), 7- The current land registry record, the inheritance documents of the deceased owners will be considered as an annex to the decision, 8- If there are any seizures, mortgages, etc. on the land registry of the immovable property, 9- Since the plaintiff General Directorate of Highways is exempt from fees, there is no need to collect a fee, 10- The litigation expenses incurred by the plaintiff party should be left to them in accordance with Article 29 of Law No. 2942, 11- Since no litigation expenses were incurred by the defendants, there is no need to decide on this issue, 12- Taking into account the decision of the European Court of Human Rights dated 23/10/2018 as a result of the application numbered 12055/17 and the decision of the Constitutional Court with the application numbered 2016/9364 and published in the Official Gazette dated 01/06/2019 and numbered 30791, there is no need to assess the attorney's fee in favor of the plaintiff administration, 14- In accordance with Article 333/1 of the Civil Procedure Code, the remaining expense advance should be returned to the party who deposited it, In the absence of the parties, it is final as per the law for registration and in terms of the price, by written / oral application to our court. It was decided that the decision would be recorded in the minutes by the court clerk and sent to Erzurum BAM within a legal period of 2 weeks from the date of notification of the decision, with the possibility of appeal. The decision was appealed by the attorney of the 18th Regional Directorate of Highways, and the decision and the appeal petition could not be notified to the defendants Ali Şahin Şimay and Çetin Şimay despite the searches.NOTIFICATION of the decision and the petition of appeal to ALI ŞAHİN ŞİMAY AND ÇETİN ŞİMAY. You are requested to appeal or respond to the appeal within 2 weeks from the date of announcement. If you do not, the file will be sent to the Erzurum Regional Courthouse as is. It is hereby notified by announcement in lieu of notification. 14/08/2025
ahaber
