Decision of Juzgado de Municipio Quinto Ejecutor de Medidas of Caracas, of Tuesday April 29, 2014
| Resolution Date | Tuesday April 29, 2014 |
| Issuing Organization | Juzgado de Municipio Quinto Ejecutor de Medidas |
| Judge | Nela Pasquali Vespa |
| Procedure | Impugnación De Asamblea |
REPÚBLICA BOLIVARIANA DE VENEZUELA
EN SU NOMBRE
JUZGADO VIGESIMO NOVENO DE MUNICIPIO ORDINARIO Y EJECUTOR DE MEDIDAS DE LA CIRCUNSCRIPCIÓN JUDICIAL
DEL ÁREA METROPOLITANA DE CARACAS
Caracas, 29 de Abril de 2014.
203º y 155º
Con vista a la anterior demanda interpuesta por el ciudadano H.L.D.S., venezolano, mayor de edad, de este domicilio y titular de la cédula de identidad N° V-4.073.684, abogado en ejercicio e inscrito en el I.P.S.A bajo el Nº 13.761, mediante la cual demanda por Impugnación de Asamblea contra la sociedad mercantil HABITACOM, C.A., al respecto este Tribunal observa:
De la revisión de las actas que conforman el presente expediente, se evidencia que la parte accionante, aun cuando reprodujo en copia simple el acta de asamblea objeto de impugnación, no consigno el documento de condominio, instrumento éste que regula el funcionamiento y las actividades del Edificio Residencias Los Álamos, incumpliendo de esta forma con la carga de acompañar junto con el libelo de demanda el instrumento en que fundamenta la pretensión, por lo que siendo este motivo una disposición expresa de la ley, tal y como lo establece el artículo 340 del Código de Procedimiento Civil en su ordinal 6º, mal podría este tribunal admitir la demanda que nos ocupa. En consecuencia, se NIEGA su admisión de conformidad con lo establecido en el artículo 341 eiusdem. Y así se establece.-
LA JUEZ,
ABG. N.P.
EL SECRETARIO
ABG. JONATHAN GUILLEN
NPV/GJ
AP31-V-2014-000575.-
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