Yargıtay 1. Hukuk Dairesi 2014/2219 Esas 2015/11891 Karar Sayılı İlamı

Özet:

Practices of the decision of the court of first instance, Lüleburgaz 1. Civil Court dated 25/10/2013, numbered 2008/111-2013/474 between the parties were appealed by the defendant's attorney Alican within the legal time period. However, despite the notification made to the attorneys of the parties to appear at the hearing scheduled for 15/10/2015, on Thursday at 9:31 a.m., it was understood that they did not appear. Therefore, the review was conducted based on the documents in the file. It was decided to request the following: the copy of the power of attorney showing that attorney E.K. was appointed as the representative of the defendant H.A., who was mentioned as the representative of the defendant H.A. in the reasoned judgment and, if no power of attorney was issued, the court decision should be served to the defendant H.A., and after waiting for the legal appeal period, the file should be sent. It was decided unanimously on 15/10/2015 that the file should be returned to the local court for the judge to check whether the issues requested for reversal had been fulfilled or not, and then sent back.
The legal provisions mentioned in the court decision could not be determined as they were not explicitly stated in the text.