Decisão Monocrática N° 07071794020218070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 23-04-2021
Juiz | FERNANDO HABIBE |
Número do processo | 07071794020218070000 |
Data | 23 Abril 2021 |
Órgão | 4ª Turma Cível |
PODER JUDICIÁRIO DA UNIÃO TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS AGRAVO DE INSTRUMENTO (202) 0707179-40.2021.8.07.0000 AGRAVANTE: PARTPAR ADMINISTRACAO E PARTICIPACOES LTDA AGRAVADO: ESPÓLIO DE JOSE DE ARIMATEA CUNHA, COMPANHIA IMOBILIARIA DE BRASILIA TERRACAP DECISÃO 1. Terceira supostamente interessada agrava da decisão da 1ª Vara da Fazenda Pública (Proc. 0000201-28.1997.8.07.0001 - id 81225748) que, por se tratar de matéria acobertada pela coisa julgada, indeferiu seu ingresso no feito como assistente, bem como a contestação apresentada à demanda de rescisão de contrato c/c reintegração de posse, sentenciada em 06/1998, determinando ao RI a averbação do cancelamento dos registros R2 e R3 da matrícula 143735. Sustenta, em resumo, i) legitimidade na intervenção como assistente litisconsorcial; ii) nulidade da mencionada demanda, pois a ré Maria Joselita Cunha, até o presente momento, não foi citada; iii) validade e tempestividade da contestação, porquanto, pendente suposta citação de um dos réus, não se iniciou o fluxo do prazo; iv) ausência de litigiosidade do imóvel, porque não houve registro prévio acerca da ação imobiliária; v) prescrição da pretensão da Terracap. Requer, até o julgamento do AGI, a suspensão da...
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