Petition to the district court for the cancellation of the judicial act on recovery
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To the Al-Farabiysky District Court of Shymkent, South Kazakhstan region,
To the judge ______________.
Address: ______________.
from the defendant: ______________. IIN: ______________.
Proxy representative: Galymzhan Turlybekovich Sarzhanov
IIN: 850722301036. Almaty, Medeu district,050002, Zhibek Zholy ave.,
50, office 202, Business center Block. info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.
statement
on the cancellation of the court order
Did you have a civil case in your case №______________ from ______________ the year of the claim ______________ to ______________ on the recovery of alimony for the maintenance of an underage-year-old child until adulthood. According to which you have issued an Order to collect alimony from ______________., which we got acquainted with on 22.12.20__ year.
Petition to the district court for the cancellation of the judicial act on recovery
We do not agree with the court order, as we believe the decision was made in favor of ______________ on the recovery of alimony for the maintenance of an underage-year-old child until adulthood. The defendant did not participate in this court session, and he never received notifications about upcoming court sessions. This decision was discovered by chance during another lawsuit. ______________ to ______________ to collect additional alimony for the plaintiff's daughter's education. Thus, the defendant did not have the opportunity to familiarize himself with the subject of the statement of claim, the nature and size of the Plaintiff's claims and to collect the necessary materials to protect his interests. In addition, the case pending before the Al-Farabi District Court of Shymkent, South Kazakhstan region, affects the interests of the defendant, and the decision in this case may affect the rights and obligations of the defendant.
The petition to the district Court for the cancellation of the judicial act on recovery Also states in the Court Order that the Defendant did not appear at the court sessions for reasons unknown to the court, although they were promptly and appropriately notified of the day, time and place of the hearing. The defendants did not inform about the valid reasons for their non-appearance and did not ask for consideration of the case in their absence, and therefore, the court, on the basis of Article 256 of the CPC RK, considers it possible to consider this case in the absence of the defendants in absentia, also considering that the plaintiff insists on this. They disagree with these circumstances because the defendants lived and lives in a place of residence that is known to the Plaintiff and which knows all the contacts of the defendant.
The court order of the Al-Farabiysky District Court, Shymkent, South Kazakhstan Region, does not agree, since the court has not established and clarified the financial and moral assistance provided by the defendant to his daughter, has not received a Demand for a peaceful judicial settlement of the case, and therefore intend to negotiate a peaceful settlement and other circumstances where the defendant was deprived of the right to pre-trial settlement of this civil case. For the purpose of a comprehensive, complete and objective consideration of the said civil case, the court will be provided with evidence that may affect the content of the decision. Based on the above, according to art.1482 of the CPC RK,
I ask the Court:
Revoke the court order issued by the Al-Farabi District Court, Shymkent, South Kazakhstan region, on the claim ______________ to ______________ on the recovery of alimony for the maintenance of an underage-year-old child until adulthood.
Sincerely, Proxy Representative: ________________/Sarzhanov G.T. "___"___________2017 G.
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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