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Home ATTUALITA

He waited a decade for the court decision to be executed, when the execution was remembered, the opponent died

by imkadmin
Dhj 23, 2021
in ATTUALITA
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He waited a decade for the court decision to be executed, when the execution was remembered, the opponent died
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After a long court marathon, for the demolition of an illegal building built near his house, Xhevit Shkoza, needs more than a decade to find the implementation of the final decision given by the court.

In 2009, the addition of Mahmut Arapi, had started the construction of a three-storey house, one and a half meters away from the apartment of Xhevi Shkoza. As a result, Xhevit’s house had started to be damaged, as the drainage water of the neighbor’s house ended up at his apartment. This has forced him to go to court, seeking the demolition of the neighbor’s illegal construction. After four years in the courts, Xhevit won and the court in 2011 had ordered the demolition of the illegal building built by Mahmut Arapi. In 2015, after the information requested by Fisk Fare, why the decision was not being implemented, the Durrës Bailiff’s Office was set in motion by knocking on Xhevit’s apartment and informing him that the debtor Mahmut Arapi’s house would be demolished on May 27, 2015. Just the execution had begun the execution of the court decision, the parties had agreed making an agreement between them that Muhmud Arap’s house should not be demolished, but to avoid the water discharge line.

The agreement was not implemented and consequently Xheviti again addressed the Court of First Instance in Durrës. Again, the court came out with the decision to execute the demolition of Mahmut Arap’s house, a decision bearing the number 89, dated 21.01.2021, but that the Durrës Bailiff’s Office continues not to execute, as the debtor has passed away and consequently the will of inheritance. Xheviti addressed Fiks Fare again for the dismissal from the bailiff’s office.
After the denunciation in Fiks Fare, together with the journalists, the citizen from Shijak, contacted the chairman of the Durrës Bailiff’s Office, Mr. Durim Balla, who after being informed who had him as a case in pursuit, said “the bailiff who had the case for them followed, he was appointed to another place and is no longer at the Durrës Bailiff’s Office ”. While guaranteeing the citizen that he will charge another bailiff to follow the case “for work 4-5 days next week I am giving it to the bailiff and he makes the notification” claims the head of the Durrës Bailiff.

One week after the conversation with Xhevit Shkoza, Fiks addressed the Bailiff’s Office in Durrës about the reason for the delay in the execution of the court decision on the problem of Mr. Xhavit Shkoza.
In its response, this institution clarifies that the non-execution of the execution order for a period of 10 years has not come as a result of inactions of the Durrës Bailiff’s Office, but for other reasons. During this period, the execution of this decision was stopped once due to a notarized statement signed between the opposing parties in 2015.
This notarial statement was not fulfilled by Mr. Arapi and the case ended again in court, where the plaintiff received another execution order.
According to the Bailiff’s Office of Durrës, on June 24, 2021, the execution of the decision was postponed again, due to the aggravated health condition of the debtor party who was accompanied by an ambulance.
Then the debtor party passed away and the Bailiff’s Office of Durrës suspended the execution of the court decision and is awaiting the issuance of the debtor’s inheritance act to continue with the execution of the court decision
So, Mr. Xhavit has to wait until the legal heirs of his opponent come out, to save the house from demolition.

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