Pendency is a previously filed and ongoing case of the same case, and this is now specified in the HMK as a condition of the case. The same case is used to refer to cases whose parties, cause and subject are the same.
Derdest case is defined as the fact that a case is being considered in order to contain hakuksal meaning, that is, in other words, the case is continuing. That case remains in a state of concern until the case being considered is closed or a final verdict is given. In other words, the fact that the case is derdest means that the case has not yet been decided and finalized.