Petition-to leave the statement of claim without consideration
Nauryzbay district of Almaty
judge Medetova A.M.
Mkr. Shugila, 347/11
+7 (727) 333‒13‒55 +7 (727) 333‒13‒51
Defendant: A. K. O.
IIN:.
Almaty,...79 str., sq. 2
8 708 .......
Attorney-at-law Sarzhanov Galymzhan Turlybekovich
Law and Law Law Firm
INN 201240021767.
Republic of Kazakhstan, 050002, Almaty city,
79/71 Abylai Khan Avenue, office 304, Almaly district.
e-mail: info@zakonpravo.kz website: www.zakonpravo.kz
tel.: +7 708 578 57 58 / 8 727 978 57 55.
Plaintiff: M. K. A.
IIN:..
Address: Almaty,..... 79, sq. 3
Proxy representative: B. Z. M.
Phone: 8 777 .......
The petition
There is a civil case in your proceedings No. 7585-23-00-2/1655 plaintiff M. K. A. (Hereinafter referred to as the civil plaintiff) defendant O. A. K. (Hereinafter referred to as the civil defendant), on the demolition of an unauthorized fence and foundation (foundation) in an apartment owned by the defendant, at the expense of a zhaupker, on the opening of a highway, the statement of claim is under consideration.
In accordance with art. 279 of the CPC RK, the grounds for leaving a claim without consideration are set out, which state that the court has the opportunity to leave a claim without consideration if: the plaintiff does not comply with the pre-trial dispute settlement procedure established by law or stipulated by the contract for this category of cases and the possibility of applying this procedure has not been eliminated.
Based on this article, we believe that, in the opinion of the defendant, the plaintiff did not comply with the procedure for resolving the pre-trial dispute, since the answer to the legality or illegality of the foundation (foundation) laid in the apartment belonging to the defendant has not been received.
At the same time, as it became known in court, on 10/13/2023 at 11 o'clock we took part in an off-site court session, during the off-site court session the plaintiff clearly saw that in addition to the defendant's land plot there is an additional exit road where the plaintiff can enter the paved road at the back of his house, not the coastline. According to the plaintiff, the width of the exit behind his house is 1.5-2 meters between the barn next to the plaintiff's house. The specified words are 17.10.2023. At 15:30, Daniyar's neighbor, interviewed as a witness, confirmed our arguments, in which the witness brought Denmark to court that the distance between the plaintiff and his stable was 1.5-2 meters.
In accordance with Article 279 of the CPC of the Republic of Kazakhstan, based on the above, it follows,
I ask for a court:
The claim of the plaintiff M. K. A. should be left without consideration.
With respect,
Lawyer: ________________/ G. T. Sarzhanov "___"___________2023 the year
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
