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A. Puškini tn 45a: association waived its sale claim after apartment was sold

Viru Maakohus · First instance

Rights in real property

A. Puškini tn 45a: association waived its sale claim after apartment was sold

Ruling · Viru Maakohus · First instance

Narva linn, A. Puškini tn 45a korteriühistu · 80250416

Entry into force has not been reverified

Participants and roles: claimant — Narva linn, A. Puškini tn 45a korteriühistu; defendant XX; parties’ representatives XX

How it started · editorial summary

The association no longer maintained the request to sell the apartment because it reported that sale had already occurred. The court accepted waiver and terminated the case.

The dispute and the court’s decision

The court terminated the apartment association Narva linn, A. Puškini tn 45a’s case seeking to require defendant XX to sell an apartment. The association waived the demand, reporting that the apartment had already been sold and continuing proceedings served no purpose. The defendant did not object. The court checked admissibility, accepted waiver and ended the case without deciding grounds for compulsory disposal. The ruling does not describe the original grounds of the disposal demand. The court left each participant to bear their own costs. In allocating them it took account of the association’s objective having been achieved through sale. No reimbursement between the parties was awarded. The ruling of 10 May 2022 confirms procedural termination through the association’s waiver, rather than a judicial order to sell. The court did not substantively determine the specific grounds for compulsory sale here.

Outcome of this decision

Terminate the case following the claimant’s waiver. Leave inter-party costs to the parties themselves, with no mutual reimbursement.
Translation of an anonymised, abridged excerpt from Estonian
1. Terminate proceedings in civil case No 2-21-7232 because of the claimant’s waiver.