Decision Number : 2024/329
Despite all the researches made about the defendant Ali Can BEŞİK (ORDU province, FATSA district, Konakbaşı neighborhood/village, Volume 55, Family serial number 22, 7th row, son of ALI and ANNA, born in PHILADELPHIA APENNA on 19/11/1978, with the Turkish Republic ID number ***54755***), since his address could not be determined and the reasoned decision could not be notified to the defendant, it was necessary to make a public notification.
Therefore;
With the decision of our court, the basis and decision number of which are written above;
“1- THE CASE IS ACCEPTED; The existing title deed record of the immovable property numbered 156 island 2 parcel located in Kabakdağı neighborhood, Fatsa district, Ordu province is cancelled and 1/5 share is registered with the LAND REGISTRY in the name of Osman Beşik, 1/10 share is registered with Ayşe Şahin, 1/10 share is registered with Cemal Şahin, 1/10 share is registered with Altan Beşik, 1/10 share is registered with Adnan Beşik, 1/20 share is registered with Sevim Özdemir, 1/20 share is registered with Abdullah Beşik, 1/20 share is registered with Sevinç Beşik, 1/20 share is registered with Alican Beşik, 3/60 share is registered with Yusuf Ziya Şahin, 3/60 share is registered with Süleyman Şahin, 2/60 share is registered with Emine Şahin, 4/60 share is registered with Galip Şahin.
2-The technical expert report dated 19/03/2021 will be considered as an annex to the decision,
3-In accordance with Article 28 of the 2004 Law on Enforcement and Bankruptcy Law, the summary of the judgment is sent to the Fatsa Land Registry Directorate.
4-According to the Law on Fees, a total of 135.90 TL, including the 35.90 TL advance fee and the 100.00 TL completion fee, should be deducted from the 525.78 TL decision and judgment fee, and 389.88 TL should be collected jointly and severally from the defendants and recorded as revenue to the treasury.
5-The total expenses of 6,535.75 TL, including the application fee of 35.90 TL, advance fee of 35.90 TL and completion fee of 100.00 TL, survey fee of 419.90 TL, expert fee of 1,400.00 TL, taxi fare of 170.00 TL, overseas fee of 297.00 TL, postage and notification expenses of 1,668.85 TL, overseas expenses of 2,408.20 TL, paid by the plaintiff, are to be collected jointly and severally from the defendants and given to the plaintiff,
6-Since the plaintiff was represented by an attorney, the attorney fee of 7,696.78 TL, calculated and assessed in accordance with the MINIMUM ATTORNEY FEE TARIFF in force, is to be collected jointly and severally from the defendants and given to the plaintiff,
7-The unused portion of the expense advance will be refunded when the decision becomes final, in accordance with Article 47 of the Civil Procedure Code.
It has been decided that the appeal may be filed in the Samsun Regional Court of Justice with a petition to be submitted to our court or to a comparable court elsewhere to be sent to our court within 2 weeks from the date of notification of the reasoned decision, in the absence of the defendants, to the face of the plaintiff’s attorney or with a declaration to be recorded in the official reports. The decision given on 04/04/2024 is notified by public announcement.
Chief Clerk
117183
Judge
215413
