Sample Petition Requesting A Stay Of Execution Decision By Submitting A Certificate Of Deferment To The Court Of Cassation
COURT OF APPEALS …..CIVIL CHAMBER
To be sent to
BAKIRKÖY …..CIVIL COURT OF FIRST INSTANCE
FILE NO: …./….. E. 20../…..K.
DEFENDANT:
ATTORNEY:
PLAINTIFF:
ATTORNEY:
SUBJECT: Request for a stay of execution decision upon presentation of the notice of extension.
EXPLANATIONS:
In the case heard and decided by the Local Court under the above file number, the final judgment has been appealed by us. However, since the plaintiff has made the Local Court’s judgment subject to enforcement, an application has been made to your Honorable Chamber requesting the postponement of enforcement. Similarly, as a result of our application to the ……… Enforcement Directorate, file no. …./…. E., a deferral certificate was issued to us as the conditions were met. This time, it has become necessary to submit this deferral certificate and apply to ensure that your Chamber’s decision “Regarding the Postponement of Enforcement” is sent to us to be submitted to the enforcement file.
CONCLUSION AND REQUEST: For the reasons explained and to be considered ex officio, we respectfully request, through our attorney, that the decision letter regarding the postponement of enforcement be sent to us through the Local Court, to be submitted to the ….. Enforcement Directorate …../…. E. numbered file, taking into account the deferral certificate submitted with this petition.
Defendant’s Attorney …………