……. TO THE HONOURABLE JUDGE
Precautionary Measure Requested
…….
THE PLAINTIFF :…….
DEFENDANTS :…….
DEFENDANT :…….
SUBJECT : Without prejudice to our right to claim and sue for more ……. Collection of Material Damages with Legal Interest from the Date of the Incident and Our Request for Measure.
EXPLANATIONS :1-The single-storey masonry building at ……. address of our client was not damaged in the 17 August 1999 earthquake that occurred in our region. However, the defendant company, which carried out debris removal work in the region after the earthquake, damaged and made it uninhabitable due to the collapse of this building on the single-storey building belonging to our client during the demolition of the heavily damaged building under construction next to our client’s house.
2-Our client who learnt about this situation ……. applied to the Civil Court of Peace and had a determination made. ……. ……. date of the Civil Court of Peace, ……. D. İş Esas and ……. D. İş Decision numbered file of the Civil Court of Peace, it was reported that the building belonging to our client is a load-bearing brick solid wall and maintains its rigidity and that the walls and roof were damaged as a result of the collapse of the adjacent building.
3-Our client, who was not satisfied with this report, applied to the ……. Municipality on ……. and upon this application, our client was given a report signed by ……. Municipality Debris Responsible Civil Engineer …….. In this report, it is stated that it was determined on the spot that the building under construction next to the single-storey building belonging to our client was demolished.
4-As it can be understood from the Expert Report and Minutes, the defendant company damaged the building belonging to our client during the demolition of the building under construction and made it uninhabitable.
5- It has become necessary to file this lawsuit in order to compensate for the damage caused to our client as a result of the unfair action of the defendant company and to request an interim injunction in order to guarantee our receivables due to the defendant company’s cessation of business and not to cause us victimisation.
LEGAL GROUNDS : Code of Civil Procedure, Code of Civil Procedure and Related Legislation
EVIDENCE :
1-….. SHM ../…. D. Work No. File,
2-……. Dated Minutes,
3-Discovery and Expert Review,
4-Witnesses,
5- Other Legal and Discretionary Evidence etc.
RESPONSE TIME : 10 Days
CONCLUSION OF THE REQUEST : Without prejudice to our right to claim and sue. For the excess ……., we demand that the defendant be ordered. To collect the financial compensation from the defendant together. With the legal interest from the date of the incident. To impose an injunction on the defendant’s collateral and receivables. In the …… Provincial Directorate of Public Works and Settlement until. The conclusion of the lawsuit in order to secure our receivable. To charge the defendant with the costs of the proceedings, and to award. The counterparty attorney’s fee on our behalf as a lawyer in accordance. With the 164/last paragraph of the Law No. 1136 on Attorneyship Law amended by Law No. 4667.
ATTORNEY FOR THE PLAINTIFF
…….
You can access our other article examples and petition examples by clicking