Background

Two claimants filed a case against the defendants before the court of first instance requesting the dismissal of a possessory pledge contract dated 28/05/1964 issued by the father of the second defendant. The claimants also requested the defendants give up the disputed land.

The court ruled that the possessory pledge contract should be dismissed and the defendants should give up the disputed land.

The defendants appealed the ruling before the court of appeal. The court said that the defendants have no right to appeal the ruling.

Decision

The defendants appealed the ruling before the court of cassation. The claimants provided the court with a formal document in which the defendants abandoning the appeal against the ruling.

The court ruled that the case file revealed that the defendants had abandoned their appeal against the ruling. The court approved the abandonment of the appeal and ruled that the defendants should pay the fees for the appeal under Article 270/1 of the Advocacy Law.