A Look at Court' Interpretation of the Title of a Claim

The correct interpretation of a relief sought has a significant role in the judicial process and the issuance of a judgment. In this note, an example of the civil judgment is examined from this perspective.In the decision in question, the relief sought is to establish the right of easement and remove an obstruction to an easement. In his judgment, the judge in his judgment considered the dispute as one over ownership. In addition, he wrote that the party who initiates a lawsuit regarding establishment of an ownership, not only in the same lawsuit, but thereafter, cannot file a claim regarding trespass and obstruction to an easement. Thus, relying on relevant articles of the Civil Procedure Code, the judge entered an order of dismissal. In this article, the court’ judgment has been examined in terms of procedure and substance.