Background

Some claimants filed a case against a bank and other defendants and requested the court dismiss reservation procedures on a disputed property and dismiss mortgage contract No. 4280.

The court ruled that the reservation procedures over the property and the mortgage contract should be dismissed.

The bank appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The bank appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law and that the court had established its ruling based on the assumptions that had no legal basis.

The court stated this argument was invalid because Article 153 of the Pleadings Law stipulated that the party which introduced the appeal should reveal the reasons for the appeal and the faults of the appealed ruling against which the appeal was made.

The court dismissed the appeal.