14. Legal Department Main No: 2017 / 3310 Decision No: 2021/601
Dispute: Settlement of the partnership; In the event that the plaintiff waives his case and one of the defendants wishes to continue the case, the court should continue the case and decide on the merits of the business.
Claimant’s Request: The partnership on 12 immovable properties, of which he is the owner together with the defendants, was first requested to be resolved by taksim, if not possible, by sale.
The defendant’s answer: They stated that they wanted to share the immovables and that they wanted to get their own rights.
Decision of the Court of First Instance: It was decided to dismiss the case due to the waiver.
Appeal: The defendant has been appealed by his attorney.
Supreme Court 14. The Decision of the Legal Department to Overturn:
Supreme Court 14. In the annulment decision of the Civil Chamber, it is stated that the cases for the elimination of the stakeholder (partnership) are two-sided cases that have similar consequences for the parties, and in these cases the defendant has the same rights as the plaintiff. For this reason, it has been emphasized that the plaintiff’s request to eliminate the stakeholder by selling will not constitute an obstacle to the defendants’ request to share exactly. It was stated that if the plaintiff waives his case and one of the defendants wants to continue the case, the court should continue the case and decide on the merits of the work. In this direction, it is stated that the plaintiff should be asked what the defendants who are present against the declaration of waiver of the case should say, and if they want to continue the case, the trial should continue.
In the concrete case; It is understood that the plaintiff’s attorney waived the case with all its consequences at the hearing dated 03.03.2014, and upon the defendant Gabriel’s attorney, who was present, stated that he had no objection to the waiver, the court decided to dismiss the case due to the waiver.
However, the principal defendant, dated 24.09.2007 the Sultan, to the elimination of the partnership that wants to decide at the hearing, the plaintiff’s attorney dated 03.03.2014 has renounced the case for hearing the petition of the defendant is present at the hearing where the deputy of the Sultan presented and excuse, in this case double-sided which is in the nature of the case the defendant against the elimination of the partnership in the case of waiver of counsel from the case after receipt of the statement should be established effect while the case against the denial of the waiver into unprecedented decision to say something without being asked, therefore, quashed the decision of the court of First Instance was.
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