TO THE HONORABLE COURT
PLAINTIFF: …….
ATTORNEYS: …….
DEFENDANT: …….
SUBJECT: ……. Request for Collection of Interest Receivable.
EXPLANATIONS :Our client is the owner of a ……m2 immovable property registered in the land registry under Sheet No:……., Block No:……., Parcel No:……. in ……. District, ……. Neighborhood, ……. Location, ……. Province.
The defendant institution has established a right of usufruct on a portion of our client’s immovable property measuring …… m2, and the usufruct fee has been assessed at ………-TL.
In order to increase the appraised easement fee, we filed a lawsuit at the ……. Civil Court of First Instance on ../../…. with the case number ../…. E. On ../../…. 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 petition dated ../../…, we did not request interest, and therefore the Court did not rule on interest.
According to the Supreme Court decisions, the fact that interest was not requested during the compensation increase lawsuit does not prevent filing a lawsuit for interest later. Therefore, it has become necessary to file this lawsuit for the collection of the total legal interest of …………-TL between the lawsuit date ../../…. and the decision date ../../….
REASONS: Expropriation Law, Debt Law, Code of Civil Procedure, and Related Legislation
EVIDENCE: File No. ../…. of the Court of First Instance and Documents in the File
CONCLUSION: For the reasons stated, the defendant shall be ordered to pay the total legal interest accrued between the date of the lawsuit ../../…. and the date of the decision ../../…. amounting to …………TL.
PLAINTIFF’S ATTORNEY