İstinaf kararı hakkında

[aegean35]

Merhaba
Benim bir sorum olacak,
Sulh hukuk mahkemesinde görülen ortaklığı bozma davasında,taraflardan biri miras payına mahsuben mülkiyet hakkı verilmesi yönün de bir dava açtı.Dava sonucunda açılmamış sayılmasına diye bir karar çıktı.Sonra istinafa gönderdiler,13.05.2024 istinaftada karar kesinleşti.Araştirmalarima göre karar kesinlestikten sonra 3 ay içerisinde yenileme dilekcesi verip davaya devam etmeleri gerekiyorken,böyle bir şey yapmadilar.Fakat aynı davayı,aradan 7 ay geçince 13.12.2024 tarihinde yeni bir dava olarak açtılar.
Bu davayı yillardir bekletici sebep yaptilar.Davalarım sürüncemede kaldı yıllarca.
Merak ettiğim konu.3 ay süreyi kaçirdiniz diye Hakim bu davayı dürür mü?Yoksa bu dava yeniden görulup ,diğer davalarıma,yeniden bekletici sebep yaparmı?
Yardımlarınız için şimdiden teşekkür ederim.

[Av.Yusuf Selçuk Ateşkan]

Bekletici mesele talebi halinde yukarıdaki açıklamalarınız doğrultusunda itirazınızı yapmalısınız.

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