A response (objection) to an appeal.

 

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To the Kostanay Regional Court

from the representative of the plaintiff A.Ch.L. - Nigmetov S.D.

address: g. Gitikara, 4-21-24 cell 8775....  

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(objection) to the appeal.

           By the decision of the Zhitikarinsky District Court of Kostanay region dated 02/19/2021, the claim of A.Ch.L. for the eviction of the defendants and a minor child from an illegally occupied dwelling belonging to the plaintiff by right of ownership was satisfied. I consider this court decision to be completely legitimate and justified, made taking into account all the circumstances of the case.

A response (objection) to an appeal.

           The representative of the defendant, K.A.N., in his complaint refers to the fact that the property is disputed. The defendants have not provided any evidence to the court that there is a dispute over ownership of this dwelling. The ownership of the apartment illegally occupied by the defendants was registered by the plaintiff in full compliance with the legislation of the Republic of Kazakhstan. The defendant's arguments that the court ruled on the sale of a residential building located at the address: g. Zhitikara, ul. C.., 28, sq. 1, and the plaintiff purchased a house located at the address: g. Zhitikara, ul. K., d. 28, sq. 1, I consider them to be unsound, since the claims indicate the eviction of the defendants from the dwelling located at the address: Gitikara, K. str., 28, sq. 1. It is for this immovable property that the plaintiff's ownership is registered, which is confirmed by a certificate of registered rights to immovable property. The fact that the defendants live at the address indicated was not disputed by anyone. This fact is confirmed by a joint resolution of the akimat and Maslikhat on renaming the streets of the city of Zhitikar. As for the defendant's arguments that eviction during the heating season is prohibited with reference to art. 29 of the Law of the Republic of Kazakhstan "On Housing Relations". These provisions apply to cases where the owner belongs to a socially vulnerable segment of the population. In the present case, the former owner of the apartment, K.A.N., did not provide the court with evidence that she belonged to socially vulnerable segments of the population. The only defendant in the case who really belongs to socially vulnerable segments of the population is T.V.M. He is not the owner of the dwelling. I consider the defendant's arguments that they in no way violated the plaintiff's rights as an owner to be completely unfounded by Law and evidence of legal nihilism and demagoguery.

A response (objection) to an appeal.

           Based on the above, I ask: - to leave the decision of the Zhitikarinsky district Court of Kostanay region unchanged, and to dismiss the defendant's complaint.

03/29/2021 Nigmetov S.D.  

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