urt quashed the above judgments by supervisory review and ordered a re-examination of the case.
D. Fourth round of proceedings
12. The applicant's husband died on 8 October 2001. On 17 October 2001 the court suspended the proceedings pending the succession proceedings (see paragraph 20 below). In early 2002 the applicant informed the court that she had applied for a succession certificate.
13. In March 2002 Mr Pr waived his right to be present at hearings and asked the court to render a judgment with reference to his depositions made over the previous years. On 9 April 2002 the court resumed the proceedings. A hearing was scheduled for 3 June 2002. On the latter date, the court suspended the proceedings because the applicant decided to bring a separate court action in order to have certain succession-related documents amended. The outcome of this court action remains unclear. On 23 December 2002 the notary public issued a succession certificate to the applicant in respect of the house. Thereby the applicant acquired rent title to the land under and around the house, which was at the heart of the civil dispute initiated by her late husband.
14. In March 2003 the main proceedings were resumed. In April 2003 the case was re-assigned. In 2003 there were several adjournments for various reasons: at least five hearings were scheduled but adjourned because one or two defendants (or their lawyers) were absent or ill or because the judge was busy in other proceedings.
15. On 26 January 2004 the court issued an order allowing the applicant to step into the proceedings as the plaintiff's heir. In 2004 and 2005 hearings were regularly scheduled but were adjourned for various reasons, mainly on account of the illness or unavailability of one or more parties.
16. In 2006 three hearings were scheduled and adjourned because the defendants failed to appear or because the judge was busy in other proceedings or ill.
17. Hearings were held on 12 and 21 February 2007. On the latter date, the court refused to start the deliberations because of the announcement of Mr Pr's death. Thus, the proceedings resumed. In March 2007 the applicant asked the District Court to discontinue the proceedings in respect of Mr Pr. On 18 April 2007 the court granted her request. Despite the applicant's objection, the court also considered that the rights of Mr Pr's heirs might be affected by the applicant's civil case, and thus suspended the proceedings pending determination of the succession issue. On 24 October 2007 the Regional Court refused to re-examine the above decision by way of supervisory review.
18. The main proceedings resumed in April 2008. The case was reassigned. According to the Government, the parties failed to attend a hearing on 2 June 2008. Mr Pr's heirs indicated that they would obtain a succession certificate only in early August 2008.
19. By a judgment of 12 August 2008, the District Court granted the applicant's claims in part. With reference to the 1997 expert report, the court concluded that the border between P's and the applicant's land was not in line with the reference document issued in 1957. The court also heard the parties' neighbours who made contradictory statements. On 7 October 2008 the Regional Court upheld the judgment, except for one claim against Mr P. Having noted that the case had already been pending for more than ten years, the appeal court itself re-examined that claim and rejected it.
II. Relevant domestic law
20. Pursuant to the RSFSR Code of Civil Procedure in force before 1 February 2003, the court was required to suspend the proceedings if one party had died and the claims could be succeeded to (Article 214). The suspension had to be valid until a successor was identified (Article 216). Similar provisions are cont
> 1 2 3 ... 7 8 9 10 ... 11 12