Lawyer files petition against judge over wrongful decision claims

ISTANBUL

A lawyer has filed a petition against a judge who he claims made an incorrect ruling in a lawsuit concerning natural gas debt, asking for the recovery of damages he paid.

Lawyer İlker Atamer filed a petition against Judge Bora Akbaş, claiming that the judge wrongfully forced him to pay 22,415 Turkish Liras in a lawsuit concerning the natural gas debt of an apartment he had sold.

On May 28, 2018, Atamer sold his apartment in an Istanbul residential complex. However, the site management commenced enforcement procedures on the ground that the natural gas and delay compensation dues for the months of April, May, June, July and August 2019 had not been paid.

Atamer filed an objection to the execution, claiming that he had sold the apartment. Following this, the site's administration filed a case before Istanbul's 16th Civil Court of Peace.

The lawyer said that he sold his flat to Uğur D. on May 28, 2018, and that the debt claims made in the lawsuit are related to the period following the transfer of the flat.

The court, however, decided to resume the execution proceedings where they had left off and to pay a 20 percent execution denial compensation.

İlker Atamer was ordered to pay 22,415 liras.

Following the judgment, Atamer issued a notice to Istanbul's 16th Civil Court of Peace, requesting reimbursement of 22,415 liras in financial damages incurred as a result of the court judge's incorrect decision.

The notice that Atamer wrote said: "I demand that the judge of your court, who made me pay a debt that does not exist by claiming that I am the owner of an apartment that I do not own, and on top of that, ruled for denial compensation and thus caused me 22,415 liras financial damage, compensate the financial damage caused by paying this money to my bank account below."

"I shall exercise my right to notice and complaint before the Supreme Court of Appeals' Civil Chamber to initiate a lawsuit against the state if my material harm is not paid in this manner. I will also want a remedy from the judge who issued this judgment.”