ADMINISTRATIVE COURT
DEFENDANT:
Attorney:
Prosecutor:
Attorney:
SUBJECT: The request is for the removal of mortgages placed on real estate. And assets after a provisional measure decision was issued.
INSTRUCTIONS
1-) Your Honor …/…D. A provisional measure decision has been issued on the immovable property belonging to my client,. With file number … and parcel number … (ATTACHMENT-1).
2-)
With your court’s file number …/…, regarding the relevant real estate, after the provisional measure decision you issued on …… for the same real estate, the Enforcement Directorate carried out a seizure procedure with file number …../…. on …/…. (ATTACHMENT-2)
3-) Undoubtedly, provisional seizure notifications recorded in the real estate registry before the provisional injunction decision is recorded in this registry constitute a ruling and its consequences. However, if a provisional injunction decision has been recorded in the registry in favor of one of the parties and made public, and if other restrictions have been imposed despite the current interpretation, these are not considered valid. This is because, according to the principle of public disclosure of the land registry, it is assumed that the owners of subsequent interpretations have seen the previously submitted interpretation.
4-) The established practice of the High Court of Appeals is also in this direction, and it is that interpretations made after the provisional measure decision is issued are not binding due to interpretations made after they are entered into the title deed. For all these reasons, it has become necessary to file this lawsuit to remove the mortgages on the real estate belonging to our client.
LEGAL GROUNDS: 2004 PK m. 72, 257, 389, 391
LEGAL EVIDENCE: 1-)… Title deed belonging to the immovable property with parcel number
2-)…. Administrative court …/… provisional measure no.
3-)…. Enforcement board …./… numbered file
4-) Witness statements
CONCLUSION AND SUMMARY
For the reasons explained above, we respectfully request that a decision be made in favor of our client to remove the mortgage on our client’s real estate. …/ …/ …
ATTACHMENT: 1-)…. Administrative court …/… precautionary measure no.
2-)…. Enforcement board file no. …./…
3-) Certified power of attorney sample
Plaintiff’s Attorney