RESOLUTION OF THE PLENUM OF THE CONSTITUTIONAL COURT OF THE AZERBAIJAN REPUBLIC

of March 22, 2006

About check of compliance of the resolution of Judicial board on civil cases of the Supreme Court of the Azerbaijan Republic of June 3, 2005 to the Constitution and the laws of the Azerbaijan Republic in connection with the claim I.K. Radzhabova

Name of the Azerbaijan Republic

Plenum of the Constitutional Court of the Azerbaijan Republic as a part of F. Abdullaev (chairman), F. Babayev, S. Gasanova, B. Garibov, R. Gvaladze (judge-speaker), I. Nadzhafova and S. Salmanova,

with participation of the court secretary I. Ismaylov,

representative applicant I. Radzhabova-A. Gabibova,

according to part V of article 130 of the Constitution of the Azerbaijan Republic considered in proceeding in open court on the constitutional legal proceedings I. Radzhabov's claim about check of compliance of the resolution of Judicial board on civil cases of the Supreme Court of the Azerbaijan Republic of June 3, 2005 to the Constitution and the laws of the Azerbaijan Republic.

The constitutional case was considered in the absence of the defendant's representative.

Having heard the report of the judge R. Gvaladze, A. Gabibova-predstavitel's performance of the applicant I. Radzhabov on case, having studied and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic ESTABLISHED:

Imran Radzhabov took a legal action with the claim for eviction of the defendant Z.Farkhadov and other of the apartment, in return the defendant Z.Farkhadov made the counter claim about recognition by the prisoner of the purchase and sale agreement of the disputed apartment and the property right to this apartment.

The Nasiminsky district court of the city of Baku satisfied with the decision of April 5, 2004 I. Radzhabov's claim, the counter action of Z.Farkhadov was rejected.

Of June 24, 2004 the decision of district court was left by the decision of Judicial board on civil cases of Appeal Court of the Azerbaijan Republic (further SKPGD) without change.

The above-stated judgment of appellate instance was cancelled by the resolution SKPGD of the Supreme Court of the Azerbaijan Republic of October 6, 2004 and case was sent for new appeal trial.

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