Decisão Monocrática Nº 5042655-24.2021.8.24.0000 do Quinta Câmara de Direito Civil, 01-10-2021
Número do processo | 5042655-24.2021.8.24.0000 |
Data | 01 Outubro 2021 |
Tribunal de Origem | Tribunal de Justiça de Santa Catarina |
Órgão | Quinta Câmara de Direito Civil |
Classe processual | Agravo de Instrumento |
Tipo de documento | Decisão Monocrática |
AGRAVANTE: ZILMAR PIVATTO ADVOGADO: FELIPE LOLLATO (OAB SC019174) AGRAVADO: IVAN ANTONIO KRUGUER
DESPACHO/DECISÃO
Trata-se de Agravo de Instrumento interposto por Zilmar Pivatto contra a decisão interlocutória do Magistrado da 1ª Vara Cível da Comarca de Caçador, proferida na Ação de Despejo n. 5003198-46.2021.8.24.0012 ajuizada contra Ivan Antonio Kruguer, que indeferiu o pedido desalijatório liminar da ré, ora agravada, solicitado em razão do suposto inadimplemento dos encargos locatícios.
É, em suma, o relatório.
Após ter ingressado com o recurso, a parte agravante expressamente requereu a extinção deste Agravo de Instrumento (Evento 21, PET 1), em razão desocupação do imóvel pela parte agravada.
Conforme dispõe o artigo 998 do Código de Processo Civil, "o recorrente poderá, a qualquer tempo, sem a anuência do recorrido ou dos litisconsortes, desistir do recurso."
Diante do exposto, com fundamento nos artigos 932, inciso III, e 998 do Código de Processo Civil, homologa-se a desistência manifestada por meio de petição, e, por conseguinte, extingue-se o procedimento recursal pela perda de objeto.
Comunique-se à Autoridade Judiciária.
Custas, se houver, pela parte...
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