Request For Removal Of Seizures After The Injunction Decision
What is an Injunction?
In order to prevent situations such as the difficulty of obtaining the right due to protracted judicial activities, damages due to delay, and the impossibility of obtaining the right, the decision given for the process until the final judgment is called a precautionary measure.
For example, the subject of a lawsuit may be any real estate. By placing an interim injunction on this real estate, the sale, mortgage, etc. can be prevented until the dispute regarding that real estate is terminated.
An interim injunction is granted by the judge if there is a risky situation regarding the right subject to the proceedings by making an assessment according to the circumstances of the concrete case. For example, if there is a possibility that the property subject to the proceedings may lose value until the end of the proceedings, a decision may be made to sell this property and keep its value until the end of the case.
Request for Removal of Seizures After the Interim Injunction Decision
….. TO THE JUDGE OF THE COURT OF EXECUTION LAW
DEFENDANT :
ATTORNEY :
THE PLAINTIFF :
ATTORNEY :
SUBJECT :It consists of our request for the removal of the attachments imposed after the imposition of a precautionary measure on the immovable and asset values subject to the Precautionary Measure Decision.
EXPLANATIONS
1-) With the file numbered …/…D. İş of your honorable court, an interim injunction was placed on the immovable property belonging to my client with parcel number … on ….. (ANNEX-1)
2-) Following the interim injunction you placed on the relevant immovable on ….. with the file numbered …/… of your esteemed court on ….., the same immovable was seized on …… with the file numbered …./…. of the Enforcement Directorate on …… (ANNEX-2)
3-) Undoubtedly, the precautionary attachment annotations placed on the immovable record before the annotation of injunction in the immovable record shall have effect and result. However, if other restrictions are added to the record despite the existing annotation after it becomes public after the interim injunction annotation in favor of a party, these are not recognized. Because, in accordance with the principle of publicity of the title deed, it is accepted that the owners of the annotation placed later have seen the annotation placed earlier.
4-) The established practice of the Court of Cassation is in this direction, and it is in the direction that the annotations placed later will not be binding due to the annotations placed after the interim injunction annotation is recorded on the title deed. For all these reasons, it has become necessary to file this lawsuit for the removal of the attachments on the immovable belonging to our client.
LEGAL GROUNDS : Art. 72, 257, 389, 391 of the Law No. 2004
LEGAL EVIDENCES : 1-)… The title deed of the immovable with parcel no.
2-)…. Execution court interim injunction decision numbered …/…
3-)…. …./… file numbered …./… of the execution directorate
4-) Witness statements
CONCLUSION AND REQUEST
For the reasons explained above, we respectfully request on behalf of our client that the attachment placed on my client’s immovable property be removed. …/ …/ …
ANNEXES 1-) …. Execution court …/… numbered interim injunction decision
2-)…. …./… file numbered …./… of the execution office
3-) One approved power of attorney sample
Counsel for the Plaintiff