Constitutional Court

The Applicant seeks to enjoy his right to free and fun possession of immoveable property as per sale and purchase contract, thereby demanding enforcement of the Decision of the District Court in Peja, A, 1174/56-57, of 17 October 1957, The Applicant also requests from the Court to terminate the court proceeding pending before the Basic Court in Peja, In the concrete case, the Court notes that the Municipal Court in Peja, by its decision no, 137/08 of 17 November 2008, has decided to suspend the non­contested procedure so that the Applicant would file a civil lawsuit with the competent court, As a result of the abovementioned decision, the Applicant has filed a claim with the competent court, where the proceeding is still ongoing, Setting from the fact that the case of the Applicant is still under review in a regular court proceeding before the Basic Court in Peja, the Court notes that the Applicant’s Referral is premature