The Constitutional Court of Montenegro accepted the third constitutional appeal of the Capital City and returned the case to the Supreme Court for retrial and decision regarding the plot of land in Beogradska Street, Podgorica, which, as claimed by the Vukčević family, belongs to them.
The Constitutional Court made a decision accepting the constitutional appeal of the Capital City at the end of November last year. On Tuesday, the Supreme Court told "Vijesti" that the case arrived at that court in March.
"The case for which you requested information from us is pending before the judge Radojka Nikolic under the business code UŽ REV 9/24 arrived at the court on March 22.03.2024, XNUMX. year and is still in operation", they told "Vijesti".
Before the latter, the Constitutional Court had twice ruled in favor of the Capital City on the same legal matter, but the Supreme Court refused to act on it.
The subject of the dispute is a cadastral plot of around 600 square meters at the end of Beogradska Street, in the part of town below Gorica.
According to cadastral records, the owners of the disputed plot are Anka Gordijan i Acimici - Danilo i Veselin, while the basis of the acquisition is the legally binding judgment of the court. The registration date is October 14, 2016, and the last change, according to the records of the Real Estate Administration, is from 2023.
The Vukčevićs, as "Vijesti" announced in 2022, claim that "the Aćimić family does not possess any document on the ownership of the same."
In the part of the documentation that they submitted to the editorial office at the time, they stated that the plot was the property of their father Voj Vukčević, that it was nationalized in 1959, when it became the property of the Municipality. The Commission for Restitution and Compensation of the then Ministry of Finance, as they state, in 2013 passed a decision by which the Vukčević family received compensation for confiscated immovable property, which was put to use.
"Disputed plot no. 2550 with an area of 613 square meters has not been put to use, and the Commission intends to return it to us. However, an obstacle is encountered, because the plot has been usurped from the neighbor Aćimić, so the Commission is forced to stop the restitution procedure, which it wrote in the decision of March 2, 2013", the Vukčevićs state.
Before the case ended before the Constitutional Court, the plot was the subject of the Basic and High Courts in Podgorica, and then the Supreme Court.
In 2015, the basic court in Podgorica ruled in favor of the capital city. Aćimić then appealed to the High Court, which in October of the same year, to the detriment of Aćimić, confirmed the verdict of the Basic Court.
The Vukčevićs also state that the court expert, engaged at the request of Aćimić, proved that the disputed plot was the property of Voj Vukčević and that it was nationalized in 1959/61, by the decisions of the People's Committee of the Municipality of Titograd.
The Real Estate Administration passed, as they said, a decision in 2016 on the basis of which they were allowed to register property rights, based on a final judgment. Then Anka Gordijan, Danilo Aćimić, Slobodanka Golubić, Veselin Aćimić i Veselinka Aćimić.
"The case is experiencing an upheaval at the Supreme Court. Although the Aćimići did not have the right to review at the Supreme Court, due to the value of the dispute of 5.000 euros, the Council chaired by Natalija Filipović, and the referee is the reporter Branimir Femic, they allowed merit-based decision-making and changed the judgments of the Basic and High Courts", stated Vukčevići.
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