Davalı kamu avukatının, davada taraf olduğunu reddetmesi halinde vekalet ücreti ödenir mi?

[Adaletin Bu mu Dünya]

1000TL tutarındaki borcunu ödemeyen Borçlu Ahmet hakkında icra takibi başlatılmıştır.
İcra memuru, %4,55 oranından icra tahsil harcı hesaplaması gerekirken, yanlışlıkla %9,10 üzerinde icra tahsil harcı hesaplamıştır.
Borçlu Ahmet, İcra Mahkemesine başvurarak, icra memur muamelesi davası açmıştır.
İcra mahkemesi, davanın tarafı olarak Maliye Bakanlığı Hazinesini dosyaya eklemiştir.
Maliye Bakanlığı Hazinesinin avukatının, icra mahkemesine sunduğu dilekçedeki ifadelerini, aşağıda koyu harflerle yazıyorum.

"Maliye Bakanlığı ile Gelir İdaresi Başkanlığı Arasındaki Adli Davalar ve İcra Dosyalarının Takibine Dair 19/03/2015 tarihli protokol hükümleri gereği , 01/01/2016 dan itibaren vergi/harç uyuşmazlıklarıyla ilgili uyuşmazlıklarda Gelir İdaresi Başkanlığı bünyesinde istihdam edilen avukatlarca takip edilecektir. Bu nedenle ilgili dosyanın Gelir İdaresi Başkanlığı bünyesindeki avukatlarca takibi gerekmektedir. Bahsedilen nedenlerle davanın Gelir İdaresi Başkanlığı'na yönlendirilmesi ve bundan sonraki yazışmaların da Gelir İdaresi Başkanlığı ile yapılması gerekmektedir."

İcra Mahkemesi ise, Maliye Bakanlığı Hazinesinin davanın tarafı olduğu konusunda direnerek yargılamaya devam etmiştir.

Sorumuz şu şekilde:
Borçlu Ahmet'in açtığı icra memur muamelesi davası, Borçlu Ahmet'in aleyhine sonuçlanırsa, Borçlu Ahmet, Maliye Bakanlığı Hazinesinin avukatlarına vekalet ücreti ödeyecek mi?
Yoksa, davanın tarafı olmadığına dair dilekçe veren Maliye Bakanlığı Hazinesinin avukatlarının, bu davadan çekilmiş oldukları varsayılacak ve Borçlu Ahmet, Maliye Bakanlığı Hazinesinin avukatlarına vekalet ücreti ödemeyecek mi?

[EllenSAICS]

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