The 17th Civil Court of First Instance adjudicated on the mansions of Hatice and Fehime Sultan.
According to the statement made by the Istanbul Metropolitan Municipality, the court that decided on the 'deed cancellation and registration' lawsuit filed by the IMM against the Ministry of Treasury and Finance, in order to prevent the sale and transfer of immovables registered in the name of the defendant to third parties, Article 3 of the Code of Civil Procedure (HMK). In accordance with the provisions of the law, it was decided to place an interim injunction on the land registry without any security.
The court cited the situations regulated in Article 389 of the HMK as the reason for its decision.
In the court decision, “When the case file is examined; The lawsuit filed is about the Deed Cancellation and Registration (Based on Possession) request, and since there are conditions for the approximate proof of the dispute and the danger of damage, it is possible to collect the evidence and evaluate the guarantee at this stage, as the situation and conditions require. As an interim measure, it was necessary to decide on the acceptance of the requests for the processing of the defendant's annotation as follows.
The verdict of the court was as follows:
If the immovable in Istanbul province, Beşiktaş district, Ortaköy District, no. 40, parcel no. 27, requested by the plaintiff party, is registered in the name of the defendant, to prevent the sale and transfer of the immovable to third parties, in accordance with Article 3 of the HMK, INVESTIGATION OF IMMEDIATE MEASURES to the land registry, without guarantee,
To write a memorandum on this matter to the Beşiktaş Land Registry Directorate,
Regarding the notification of the interim decision to the parties, it has been decided that the appeal will be open within 1 week from the date of notification of the decision.
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