Cour d'appel de Paris, 22 janvier 2021, 19/112437
Case Outcome | Infirme partiellement, réforme ou modifie certaines dispositions de la décision déférée |
Court | Cour d'appel de Paris (France) |
Docket Number | 19/112437 |
Copies exécutoires délivrées aux parties le REPUBLIQUE FRANCAISE
AU NOM DU PEUPLE FRANCAIS
COUR D'APPEL DE PARIS
Pôle 4 - chambre 1
ARRÊT DU 22 JANVIER 2021
(no , pages)
Numéro d'inscription au répertoire général : No RG 19/11243 - No Portalis 35L7-V-B7D-CABST
Décision déférée à la Cour : Jugement du 25 Mars 2019 -Tribunal de Grande Instance d'EVRY - RG no 16/03641
APPELANTE
Madame I... N... H... épouse A...
[...]
[...]
Représentée par Me Justine FLOQUET, avocat au barreau de PARIS, toque : P154
Ayant pour avocat plaidant, Me Thierry FLOQUET, membre de la SCP FLOQUET & NOACHOVITCH, avocat au barreau de l'ESSONNE
INTIMEES
Madame R... O...
[...]
[...]
Représentée par Me Philippe MONCALIS de la SELARL BECAM-MONCALIS, avocat au barreau de l'ESSONNE
Syndicat des copropriétaires [...]
représenté par son administrateur judiciaire, la Selarl Ajassociés, [...] - [...], en sa qualité d'aministrateur judiciaire du Syndicat des copropriétaires, fonction à laquelle elle a été désignée par ordonnance du Président du TGI d'Evry en date du 6 mai 2019
[...]
[...]
Représentée par Me Serge A... de la SELEURL RESCUE, avocat au barreau de PARIS, toque : P0299
Composition de la cour :
L'affaire a été débattue le 10 décembre, en audience publique, devant la cour composée de :
M. Claude Creton, président de chambre,
Mme Christine Barberot, conseillère,
Mme Monique Chaulet, conseillère,
qui en ont délibéré, un rapport a été présenté à l'audience par, Mme Christine Barberot, conseillère, dans les conditions prévues par l'article 785 du code de procédure civile.
Greffier, lors des débats : M. Grégoire Grospellier
Arrêt :
- contradictoire
- par mise à disposition de l'arrêt au greffe de la cour, les parties en ayant été préalablement avisées dans les conditions prévues au deuxième alinéa de l'article 450 du code de procédure civile.
- signé par Claude Creton, président et par Grégoire Grospellier, greffier présent lors de la mise à disposition.
*****
Par acte authentique du 22 août 2000, Mme R... O... a acquis de Mme Y... une propriété sise à [...] (91), lieudit "[...] ", cadastrée section [...] , d'une contenance de 24a 99ca. Par acte authentique du 11 avril 1984, Mme Y... avait constitué au profit de son vendeur, V... H..., une servitude perpétuelle de passage à travers la propriété précitée pour accéder à la parcelle cadastrée section [...] appartenant au vendeur.
V... H... est décédé le 3 janvier 2005. Aux termes d'un partage des biens du défunt par acte authentique du 5 octobre 2006, il a été attribué à Mme I... H... devenue, depuis, épouse A... (Mme A...), les lots [...] et [...] de l'état de division d'un ensemble immobilier sis lieudit "[...] " dans la commune précitée, dénommé "[...] ", lots incluant l'ancienne parcelle [...] . Par acte extra...
Pour continuer la lecture
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