TO THE HONORABLE COURT
PLAINTIFF: …….
ATTORNEYS: …….
DEFENDANT: …….
SUBJECT: ……. Request for Collection of Interest Receivable
EXPLANATIONS: Our client is the owner of a ……m2 property registered in the land registry under Sheet No:……., Plot No:……., Parcel No:……. in the ……. District, ……. Neighborhood, ……. Location of ……. Province.
A servitude right has been established by the defendant institution on a portion of our client’s real estate measuring …… m2, and a servitude fee of ………-TL has been determined.
On ../../…. date, we filed a lawsuit at the ……. Civil Court of First Instance with the case number ../…. E. to increase the appraised easement fee, and on ../../…. date, the court partially accepted the lawsuit and ruled that an additional expropriation fee of ………-TL be collected from the defendant and paid to the plaintiff.
However, due to an inadvertent error in our lawsuit filed on ../../…. , we did not request interest, and the Court did not rule on interest.
According to the decisions of the Court of Cassation, the fact that interest was not requested during the compensation increase lawsuit does not prevent the filing of a lawsuit for interest at a later date. Therefore, it has become necessary to file this lawsuit for the collection of the total legal interest of …………-TL between the date of the lawsuit ../../…. and the date of the decision ../../….
REASONS: Expropriation Law, Debt Law, HUMK, and Related Legislation
EVIDENCE: …….. Civil Court of First Instance File No. ../…. and Documents in the File
CONCLUSION: For the reasons stated above, the total legal interest amounting to ………… TL between the date of the lawsuit ../../…. and the date of the decision ../../…. shall be collected from the defendant, …….
PLAINTIFF’S ATTORNEY
