Post by account_disabled on Mar 12, 2024 0:54:34 GMT -5
As it perceived a danger of damage or risk to the useful outcome of the process, the 18th Civil Chamber of the Court of Justice of Paraná upheld the appeal of a rural producer and kept his tenant in possession of the property even after an extrajudicial auction.
iStockphoto
iStockphoto TJ-PR keeps tenant in possession of rural property even after auction
The buyer of the property filed an action for imposition of possession and the court of first instance granted an injunction to order the tenant to vacate the property.
In the appeal, the rural producer's defense, sponsored by the Guazelli Advocacia office , argued that the extrajudicial auction would be null and void due to lack of personal notice and said that the property is leased until 2024, being used for soybean cultivation.
The defense also stated that Portugal Mobile Number List the order to vacate the property would result in serious losses to the tenant, as he would lose his soybean plantation. The rapporteur, judge Denise Krüger Pereira, welcomed the argument and highlighted that there are still pending issues regarding the alleged illegality of the auction, "a situation that inspires caution in the analysis of the controversy raised in the present demand".
"There is evidence that soybeans are planted on the property as a result of a lease agreement signed by the appellant with a third person, which is sufficient to constitute a risk of irreversibility of the desired judicial provision, also making it advisable to maintain the current state of affairs", said the judge.
On the other hand, the rapporteur did not see any danger of damage that would justify the granting of the injunction in favor of the property's bidder, "because initially the author only alleges that the urgency lies in the fact that she is unable to use the acquired area, being unable to plant or negotiate the property".
With the decision, the lessee will remain in possession of the property until a definitive solution regarding the validity of the extrajudicial auction.
iStockphoto
iStockphoto TJ-PR keeps tenant in possession of rural property even after auction
The buyer of the property filed an action for imposition of possession and the court of first instance granted an injunction to order the tenant to vacate the property.
In the appeal, the rural producer's defense, sponsored by the Guazelli Advocacia office , argued that the extrajudicial auction would be null and void due to lack of personal notice and said that the property is leased until 2024, being used for soybean cultivation.
The defense also stated that Portugal Mobile Number List the order to vacate the property would result in serious losses to the tenant, as he would lose his soybean plantation. The rapporteur, judge Denise Krüger Pereira, welcomed the argument and highlighted that there are still pending issues regarding the alleged illegality of the auction, "a situation that inspires caution in the analysis of the controversy raised in the present demand".
"There is evidence that soybeans are planted on the property as a result of a lease agreement signed by the appellant with a third person, which is sufficient to constitute a risk of irreversibility of the desired judicial provision, also making it advisable to maintain the current state of affairs", said the judge.
On the other hand, the rapporteur did not see any danger of damage that would justify the granting of the injunction in favor of the property's bidder, "because initially the author only alleges that the urgency lies in the fact that she is unable to use the acquired area, being unable to plant or negotiate the property".
With the decision, the lessee will remain in possession of the property until a definitive solution regarding the validity of the extrajudicial auction.