APPLICATION to the district court for postponement of the sale of property
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Bostandyk District Court of Almaty
To Judge Tursymbaeva R.A.
Almaty, Bostandyk district,
mkr. Orbita 2, 20a.
+7 702 704 96 82.
from the Defendant: E.J.
IIN .............
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 578 57 58; +7 700 978 50 85.
Third parties: Private bailiff of Almaty Sarybekov Dzhanibek Tursynbekovich
050000, Republic of Kazakhstan, Almaty, Karasai Batyr str., 152/1 , Block C,5th floor
Phone: +77073313887.
dzhanibek2014@gmail.com
R.A.
IIN .................
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+7 ………..
statement
on the postponement of the sale of property
By the decision of the Board of Civil Cases of the Almaty City Court dated November 23, 2022, the claim was satisfied for recovery from E.Zh. (Hereinafter referred to as the Defendant) in favor of R.A. (Hereinafter referred to as the Recoverer) the amount of debt in the amount of 10 561 745 tenge.
The Recoverer's claim to pay in full the remaining amount of the debt in accordance with the court's decision is currently not possible.
The debtor has filed a cassation motion in this case. The debtor intends to fulfill its obligations after making a final decision on the case.
According to Article 233 of the CPC RK, the Court that reviewed the case has the right, at the request of the persons participating in the case, based on the property status of the parties or other circumstances, to postpone the execution of the decision, as well as to change the method and procedure for its execution. Under other circumstances in accordance with paragraph 9 of the Normative Resolution of the Supreme Court No. 6 "On certain issues of the execution of judicial acts in civil cases" dated 06/29/2009 means: the inability of the recoverer to accept voluntary execution from the debtor for valid reasons, or the inability of the debtor for valid reasons to perform actions voluntarily prescribed by the judicial act.
Also provided for in Article 238 of the Civil Procedure Code of the Republic of Kazakhstan. Postponement and installment of execution of a decision, changing the method and procedure of its execution before the decision is applied for execution, the court that reviewed the case and rendered the decision has the right, at the request of the persons participating in the case, based on the property status of the parties or other valid reasons, to postpone or installment the execution of the decision, and also, change the method and order of its execution. The court shall consider and resolve the application, petition for postponement, installment plan or change of the method and procedure of execution of the court decision within ten working days from the date of receipt of the application to the court.
In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests.
In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.
Based on the above, in accordance with Articles 233, 238 of the Civil Procedure Code of the Republic of Kazakhstan, Article 40 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the status of Bailiffs",
I ASK THE COURT:
To postpone the execution of the decision of the Board for Civil Cases of the Almaty City Court dated November 23, 2022 on foreclosures on property for up to 1 year;
With respect,
Lawyer: Sarzhanov G.T.
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.
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