Judicial practice on the release of property from seizure | cancellation of interim measures
Privately owned by AAB (hereinafter referred to as the Plaintiff), there was a share in real estate in the form of an apartment located at Almaty, ul. ..........., D. .. kv 183 (cadastral number ..........) according to the privatization agreement no............. dated 05/16/2003. The owner of a half share in this apartment was ATZH on 03/20/1961. However, AA.B. and AT.Zh. has no family ties. On April 07, 2014, Judge of the Auezovsky District Court No. 2 in Almaty, E.L. Isaeva, having considered the civil case no... The application of Eurasian Bank JSC for securing the claim, The Judge Determined that the application of Eurasian Bank JSC for securing the claim must be satisfied. To seize the property belonging to the defendant LLP "T", LLP "G", AS MUCH as K, AT Zh, wherever it is and in whatever form it is expressed, within the stated amount of claim in the amount of 27,815,684.41 tenge. As part of securing this claim, CHSI Nurgozhina A.U. seized real estate in an apartment located at 73 kv 183, U Street, Almaty on 05/29/2020 as part of the enforcement proceedings of CHSI Nurgozhina A.U. I sold this property at an electronic auction. As a result of electronic bidding, AA.B. became the winner of the auction. On 06/01/2020, AA.B. acquired a half share in this property from CHSI Hibatov S.A. according to the contract of sale of the seized property. Currently, AA.B. is considered the full-fledged owner of this apartment, that is, it has the entire share of the apartment.
Judicial practice on the release of property from seizure | cancellation of interim measures
160 of the Civil Procedure Code of the Republic of Kazakhstan, where the enforcement of a claim may be revoked by the same court at the request of a person participating in the case, the parties to the arbitration proceedings, or on their own initiative. The issue of cancellation of the security measure for the claim is resolved by the judge no later than five working days with notification of the persons participating in the case about the time and place of consideration of the application, however, their non-appearance does not prevent consideration of the matter on its merits. 264 of the Civil Code of the Republic of Kazakhstan, the owner has the right to demand the elimination of any violations of his right, even if these violations were not connected with the deprivation of possession. 31 of the Civil Procedure Code of the Republic of Kazakhstan, claims for rights to land plots, buildings, premises, structures, and other objects firmly connected with land (immovable property), for the release of immovable property from seizure, for foreclosure on mortgaged immovable property, for termination or invalidation of the pledge agreement of immovable property are filed at the location these objects. Based on the above and guided by Articles 148, 160 of the Civil Procedure Code of the Republic of Kazakhstan,
THEY ASKED THE COURT: Release the arrest from the property, real estate apartment located at the address: Almaty, ul. ..., 73 kv 183, cadastral number 20-............ owned by A.A.B. On February 11, 2022, District Court no.2 Auezovsky district of Almaty considered in open court a civil case on a claim for the release of property from arrest, guided by articles 223-226 of the Civil Procedure Code of the Republic of Kazakhstan, the court DECIDED: To satisfy the AAB claim. Release from arrest the immovable property located at the address: Almaty, Auezovsky district, ul. .........., house 73, sq. m. 183, imposed by the decree of the bailiff of the Almaly territorial Department of the Department for the Enforcement of Judicial Acts of Almaty Nurgozhina A. dated 04/25/2014.
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