Form no. 7: Claim Form for Part 8

Part 8 Regulation 2(1)

In the District Court of Paphos

For judicial use

Claim No. (Part 8) - 272/2023

Registration Date

Signature/ Seal of Registrar

Full name(s) and address(es) of the Plaintiff(s), including the postal code

1. Maria Sousanidou from 55 Agapinoros Street, SOT-ARGYRIS COUR NO 2, apt 404, 8049, Paphos

Full name(s) and address(es) of the Defendant(s), including the postal code

1. LEONI DAS KIMONOS SERVICES LIMITED, as liquidators of the company SOT-ARGYRIS CONSTRUCTIONS LIMITED HE 10463, from Paphos, 232 Archbishop Macarios III Street, APOLLO COURT, Floor 4, Apartment/Office 404,3030, Limassol

2. District Land Office of Paphos, Neophytou Nicolaidi Street, 8011, Paphos

You are hereby notified that a Claim Form under Part 8 of the Civil Procedure Rules has been filed against you by Maria Sousanidou from Paphos.

Particulars of the Plaintiff's Claim (including the remedies sought and the relevant legislation):

Remedy Sought:

a) A Court ruling and/or judgment to annul and/or set aside and/or delete the Compulsory Sale with file number 6/ANP/23/1990 from apartment no. 4 on the 4th floor of the SOT-ARGYRIS COURT No 2 building, with registration number 0/5135 section 1, Sheet/Plan 51/100602, plot 273, the beneficiary of which is the applicant and/or

b) A Court ruling and/or judgment to annul and/or set aside and/or delete the Compulsory Sale with file number 6/ANP/22/1990 from apartment no. 4 on the 4th floor of the SOT-ARGYRIS COURT building, block A, with registration number 0/5135, section 1, Sheet/Plan 51/100602, plot 273, the beneficiary of which is the applicant, and/or

c) A ruling ordering the Director of the Paphos District Land Office to delete and/or withdraw and/or cancel the Compulsory Sale with File No. 6/ANP/23/1990 from apartment No. 4 on the 4th floor of the SOT-ARGYRIS COURT building, block A, with registration No. 0/5135, section 1, Sheet/Plan 51/100602, plot 273, the beneficiary of which is the applicant, and/or

d) A ruling ordering the Director of the Paphos District Land Office to delete and/or withdraw and/or cancel the Compulsory Sale with File No. 6/ANP/22/1990 from apartment No. 4 on the 4th floor of the SOT-ARGYRIS COURT building, block A, with registration No. 0/5135, section 1, Sheet/Plan 51/100602, plot 273, the beneficiary of which is the applicant, and/or

e) Any further and/or other remedy that the Court may deem reasonable and just under the circumstances.

d) Expenses

This Application is based on articles 23 and 30 of the Constitution of the Republic of Cyprus, on articles 31, 41, and 42 of the Courts Law of 1960 (14/1960), on article 14 of the Civil Procedure Law (CAP 6), on Part 8 R.1 (4), 8 R.2, 8 R.3, Part 32 R.15(1 ), Part 7 R.1 (5-7) of the New Civil Procedure Rules 2023, on Articles 216-218 of the Companies Law (CAP 113), on the inherent powers and discretion of the Honorable Court.

The grounds supporting this application are the following:

1. The applicant is the registered owner of apartment no. 4 on the 4th floor of the building SOT-ARGYRIS COURT NO. 2, with door no. 404, and with parking space no. 13 on the ground floor, which is covered by registration number 0/5135, section 1, Sheet/Plan 51/100602, plot 273, by virtue of a deed of sale dated 24/4/2012. The consideration for the sale has been paid in full and to this day the company SOTERIS ARGYRIS CONSTRUCTIONS L TS, which is in liquidation, is still showed as the registered owner of this apartment.

2. The applicant resides and/or owns the abovementioned apartment but its transfer and registration in her name has not yet been completed and the deed of sale signed for the purchase of the contested apartment cannot be filed with the District Land Office for special performance purposes.

3. The registration of the apartment in the name of the applicant cannot proceed because there are encumbrances on the apartment that prevent the transfer.

4. On the apartment, there are Compulsory Sales (ANPs), namely: file number 6/ANP/23/1990, applicant Poole Una-Joyce, filing date 23/11/1990 and file number 6/ANP/22/1990, applicants Andreas Kokkinos, Stella Christodoulidou and Angeliki Nikola Tryphonos, filing date 02/06/1990, who had proceeded based on the MEMO they had submitted illegally and/or arbitrarily and/or unjustifiably, which has now expired.

5. There is no longer a compulsory sale as the cancellation and deletion of the MEMO from the land registry records has been made, and keeping the said ANPs on the applicant's property is abusive and unfair to her detriment.

6. Additionally, the applicants of the ANPs are creditors of the registered owner and have no claim against the applicant.

7. The compulsory sales have been registered 1990 and to this day no action has been taken to proceed with them and they have thus become inactive considering that the MEMOs under which they were issued have been deleted.

8. The submission of the aforementioned ANPs is legally flawed and should be annulled as they have been registered in violation of articles 217-218 of CAP 113.

9. The AN Ps were registered on 23/11/1990 and 02/06/1990 respectively, and the liquidation application was registered on 15/3/1990, i.e. prior to the ANPs, which by law renders these encumbrances null and void.

10. In the event the rulings are not issued and/or the ANPs are not annulled, there will be injustice that cannot be remedied at a later stage and irreparable damage to the applicant.

11 . In the event the rulings are issued, this will not cause any risks or loss or potential irreparable damage to the respondents.

To:

1. Leonidas Kimonos, as liquidator of the company SOT-ARGYRIS CONSTRUCTIONS LIMITED HE 10463, 232 Archbishop Macarios III Street, APOLLO COURT, Apartment/Office 404,3030, Limassol

2. District Land Office of Paphos, Neophytou Nicolaidi Street, 8011, Paphos

Declaration of Value

€19,500 (selling consideration)

The written testimony is attached¹

Notes to the Defendant(s)

1. Note that if you fail to file an Appearance Notice in the manner and time specified below, the Court may proceed with the Claim and a judgment may be issued in your absence. In this case, you may attend the hearing of the Claim, but you are not entitled to participate in it, unless relevant permission is granted by the Court.

2. The Appearance Notice may be filed either in person or through a lawyer, by filing it as Form No. 8 at the Paphos Registry within 14 days from the service of the Claim Form, and by delivering the said Appearance Note to the plaintiff's service address.

¹See Regulation 8.3

(signature - official round seal of the District Court of Paphos)

MATHAIOS ATALIOTIS

Senior Registrar

Receipt no: 1528 - Date: 10/11/2024

In accordance with the power vested in me by the Law on Registration and Regulation of the Sworn

Translators services in the Republic of Cyprus, (Law 45(1)/2019), I hereby certify that this text in English is a true and accurate translation of the attached document in Greek language.

Name and surname of Sworn Translator: Nikolas Alexi - Registration No: 059

Approved language combination: Greek-English and vice versa

Signature:

Contact information of Sworn Translator: lexikkon79@yahoo.gr-99567680

Stamp duty:

Code: 1b93b39e-1470-4a0e-aed3-02c72efe 79ef

BEFORE: N. Fakontis, District Court Judge

General Application No.: 272/23

Between:

Maria Sousanidou, 55 Agapinoros Street, SOTARGYRIS court no. 2, apartment 404, 8049, Paphos

Applicant

And

1. LEO IDAS KIMONOS SERVICES LIMITED, as liquidators of the company SOTARGYRIS CONSTRUCTIONS LIMITED HE 10463, 232 Archbishop Macarios III Street, APOLLO COURT. Floor 4, Apartment 404, 3030, Limassol

2. District Land Office of Paphos, Neophytou Nicolaidi Street, 8011, Paphos

Respondents

Application without Notice dated 04/07/2024 FILED BY: Maria Sousanidou,

Applicant

This application was submitted to the Court for hearing in the presence of Messrs. Haris Koufettas & Associates of LLC, Lawyers of the applicant and this Court, after having studied the application and the affidavit accompanying it,

A. ORDERS the issuance and hereby issues a rul ing allowing the substitute service of the appl ication no. 272/2023 on the interested parties, Andreas Kokkinos, Stella Christodoulidou and Angeli ki Nikola Tryphonos, through publ ication in the press in a newspaper of general ci rculation in Cyprus.

B. AND THIS COURT FURTHER ORDERS the issuance and hereby issues a ruling allowing the substitute service of the application no. 272/2023 on the interested party, Poole Una-Joyce, through publication in the press in a newspaper with a place of publication in the United Kingdom.

In relation to the documents that will be published regarding the ruling of paragraph B, these should be translated into the English language.

C. AND THIS COURT FURTHER ORDERS the issuance and hereby issues a ruling whereby the time for the appearance of the Interested Parties, as specified in paragraphs A and B of the rulings that are going to be issued, shall be fixed at 30 days from the service in the manner specified in this ruling.

D. AND THIS COURT FURTHER ORDERS the issuance and hereby issues a ruling, whereby in the event of failure of the Interested Parties to appear, the General Application may be heard in their absence, and any subsequent application, notice or document requiring service, shall be deemed to having been duly served thereon, provided a copy thereof is posted on the notice board of the Paphos District Court for a period of 7 days.

E. The costs of the application are reserved and shall follow the outcome of the General Application.

Given on 10.09.24

Drafted on 10.09.24

(Sign.) N. Fakontis, District Court Judge

True copy,

(signature - official round seal of the District Court of Paphos)

Mathaios Ataliotis

Senior Registrar

Receipt no: 1528 - Date: 10/11/2024

In accordance with the power vested in me by the Law on Registration and Regulation of the Sworn Translators services in the Republic of Cyprus, (Law 45(I)/2019), I hereby certify that this text in English is a true and accurate translation of the attached document in Greek language.

Name and surname of Sworn Translator: Nikolas Alexi - Registration No: 059

Approved language combination: Greek-English and vice versa

Contact information of Sworn Translator: lexikkon79@yahoo.gr-99567680

Stamp duty: