Acórdão nº 1482/10.8T2AMD-B.L1-8 de Tribunal da Relação de Lisboa, 09 de Maio de 2019
Magistrado Responsável: | TERESA PRAZERES PAIS |
Data da Resolução: | 09 de Maio de 2019 |
Emissor: | Tribunal da Relação de Lisboa |
Decisão Texto Parcial:
Acordam no Tribunal da Relação de Lisboa J… intentou a presente ação declarativa contra M…e J.., pedindo, além do mais, a declaração de nulidade da compra e venda celebrada no dia 7 de Novembro de 2018 com o 2º réu, a ineficácia da mesma em relação ao autor, a restituição ao autor do direito de adjudicar e ser a escritura efetuada a seu favor.
Alega para o efeito que, no âmbito da venda realizada no processo de divisão de coisa comum a que estes autos estão apensos, manifestou ao encarregado de venda a intenção de adjudicar, ao abrigo do direito de preferência, pelo que a venda realizada ao 2º réu não deveria ter sido efetuada.
* O autor foi notificado para se pronunciar quanto à eventual procedência da exceção dilatória inominada de falta de atualidade do litígio, por preclusão do direito de obter a anulação, tendo defendido que não existe caso julgado, por serem divergentes os objetivos da ação e que ficou a aguardar a tomada de posição a autorizar a venda ao autor.
** Foi,então, proferida esta decisão: “....Termos em que se declara verificada a exceção dilatória inominada de falta de preclusão do direito do autor pelo que, em consequência, indefere liminarmemnte a petição inicial apresentada, nos termos do artigo 278.º, n.º 1, alínea e), 576.º, nº 2 e 590.º do CPC.
Custas a cargo do autor (artigos 527º' do CPC e 6º , n.º 1 do RCP e tabela anexa àquele diploma).” *** É esta decisão que o A impugna, formulando estas conclusões: 1. O recorrente na acçao principal manifestou a sua intenção de adquirir o imovel 2. Para isso apresentou diversos requerimentos 3. Nenhum deles foi respondido 4. Antes foi realizada a venda ao seu inquilino 5. Sem que fosse sequer dado a preferência ao A 6. Apos este ter tomado conhecimento da venda 7. Agiu e fê-lo com a acçao que ora se recorre 8. A qual não deveria sequer ter sido interposta pois o bem deveria ter-lhe sido adjudicado a si, pois sempre o pediu 9. O recorrente entrou com ação a pedir a nulidade desse negocio 10. Nessa acçao depositou o preço de 17.000.00 euros 11. O A, é confrontado com a obstrução desse direito 12. Pois não lhe é permitido sequer litigar 13. Porquanto o tribunal recorrida considera que existe a preclusão do direito 14. Quando o que existiu sempre foi o não deixar que o recorrente o exercitasse vide doc. 1 e os documentos anexos 15. Por fim indefere liminarmente a ação, quando nada obsta ao seu prosseguimento e...
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