Petition To Object To The Order List
JUDGESHIP OF KOCAELİ DUTY ENFORCEMENT LAW COURT
Measure Requested.
Plaintiff :
Attorneys :
Defendants :
Subject : Our objections to the order list, correction of the order, cancellation of the share allocated for the defendants and the decision to pay our receivables primarily from the share corresponding to the defendant, not to pay the money lying in the execution file until the case is concluded, and our request for a precautionary measure to be placed on the immovable record subject to sale.
Explanations :
Due to the debts arising before ……………, enforcement proceedings were initiated against ………… and Tic.Ştd.Şti. through the foreclosure of the pledge with the file numbered …….E. of Antalya 3rd Execution Directorate, a seizure was placed on the vehicle and a sales advance of 500.00 TL was deposited to the file on 12/08/2014.
The immovable ……… parcel numbered ……… registered in the name of the debtor …….. was sold and converted into money through the file numbered …… E. of Isparta 2nd Execution Directorate, and the order chart was notified to us.
Our file has not been foreclosed on the immovable, and it is contrary to the procedure and the law to decide that the order list has been issued in this way and that no money has hit our file.
It is not possible for us to accept the order list.
The date of the annotation of attachment on the immovable record in our follow-up file is incorrectly determined in the order list. When the title deed record is examined, the attachment of our file on the immovable record continues.
In the order list, our file receivable is in the 3rd place and the order should be corrected.
Although it is not in accordance with the law, due to the possibility that the sale was made as a set-off against the receivable and since we do not know how the sale was realized; we request an injunction not to pay the money deposited in the execution file until the case is concluded and to place an interim injunction annotation on the immovable record.
Reasons : EBL, BK, CCP and other relevant legislation.
Evidence : Bucak Execution Directorate’s file numbered 2008/45 E., Isparta 2nd Execution Directorate’s file numbered 2009/1608 E., Title deed records, Expert examination, Witness statement and other legal evidence.
Conclusion of Request : For the reasons explained above, with the acceptance of our lawsuit;
Correction of the Order List in line with our request,
Cancellation of the share allocated for the defendants and payment of our receivables primarily from the share corresponding to the defendants,
To issue an injunction not to pay the money deposited in the execution file until the case is concluded without collateral or against the collateral to be deemed appropriate by the court, and to put a precautionary injunction annotation on the immovable record to prevent the transfer and assignment of the immovable to third parties and to prevent right-restricting transactions,
Trial expenses and attorney’s fee to be left on the defendants
We respectfully request a decision.
Plaintiff
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