IN THE COURT OF THE HONBLE CITY CIVIL & SESSIONS JUDGE
(CCH-20) MAYOHALL, AT BANGALORE
O.S 25404/2026
BETWEEN
[Link] SHARIFF & 3 OTHRS …PLAINTIFFS
AND
MR. T. PAVAN KUMAR …DEFENDANT
APPLICATION UNDER ORDER 39 RULE 4 OF CPC
That for the reason mentioned in the accompanying affidavit,
Ipraise this honourable court, the way to vacate the expert
interim order granted in favour of the plaintiff by considering the
mentioned reasons and the same may be considered in the
interest of justice and equity.
Bangalore
Date advocate for defendant
IN THE COURT OF THE HONBLE CITY CIVIL & SESSIONS JUDGE
(CCH-20) MAYOHALL, AT BANGALORE
O.S 25404/2026
BETWEEN
[Link] SHARIFF & 3 OTHRS …PLAINTIFFS
AND
MR. T. PAVAN KUMAR …DEFENDANT
AFFIDAVIT
I pavan kumar T , Iin the above case humbly states as follows:-
1. I submit that I am the defendant in the above case and I am
fully conversant with the facts of the case .
2. I submit that , the aforesaid suit is bad in law and not
maintainable either in law nor in facts and the same is liable
to be dismissed.
3. I submits that all the averments stated by the plaintiff in
their plaint from paragraph no. 1 to 12 are just untrue, false
and made up averments in order to deceive this honble
court .
4. I submit that the Plaintiffs have concealed several material
facts and have tried to portray an image that suits their
convenience in order to mislead this Hon’ble Court. It is
further submitted that there is no cause of action for the
Plaintiff to file the above plaint along with the IA for
temporary injunction and ad-interim injunction against the
defendant. It is further submitted that all the statements
stated in the Plaint and the application for temporary and ad-
interim injunction and also the statements stated in the
affidavit are false, frivolous and baseless and the plaintiff
has no prima facie and arguable [Link] Plaintiff has come
to court with unclean hands and thus the Plaintiff is not
entitled to any reliefs much less the reliefs as sought for in
the plaint.
5. I would like to bring out the true fact before this honourable
court, I am the absolute owner of the property situated at
KHB Road,adarsha nagar, kavalbyrasandra,Bengaluru, ward
no.95 ( earlier old house list no.29,54 & 59,khata no.561/A
and acquired the same through her sister, Mrs Thimma Akka,
who gifted the schedule property in favour of me through a
gift deed dated 30.08.2017 , which has been registered as
document [Link]-1-01332/2017-18,CD No.GNRD190 in the
office of the sub-registrar Gandhinagar (hebbal )Bangalore.
Which is referred to as the “ Schedule Property ”
6. I submit that the plaintiff approached me with an intention to
develop the Schedule Property and requested to allow the
plaintiff to develop the schedule property and thereafter I
accepted the same and allowed and accepted the 50% of
share( 50% of the super build up area ) of suit schedule
property thereafter the plaintiffs and I entered into a
Registered JOINT DEVELOPMENT ARGEEMENT [Link]. NO.
GNR - 1 - 04635 - 2018 - 19, BOOK-1, [Link]. GNRD153,
DATED: 04/01/2019 Before the sub registrar Gandhi Nagar,
Ganga Nagar, [Link] copy of the JDA is annexed as
Document No.1 by the plaintiff in their plaint.
7. I also executed the General Power of Attorney in favor of the
Plaintiffs through registered Document No. GNR-4-00433-
2018-19, BOOK-4, C.D. NO. GNRD153,DATED: 04/1/2019,
Sub-registrar Gandhi Nagar, Ganga Nagar, [Link]
copy of the GPA is annexed as Document No.2 in the
plaintiffs said plaint .The plaintiffs submit that me and the
plaintiff have got the 50% each and equal area of the super
built up area over the said schedule property.
8. I submit that the plaintiffs entered into a supplementary
sharing agreement with me and thereafter executed the
SHARING/SUPPLEMENTARY AGREEMENT DATED:15/4/2023
amongst them and enjoying their respective shares as per
the JDA, GPA AND SSA agreements. The copy of the sharing /
supplementary Agreement) in annexed as plaintiffs
Document [Link] said document clearly indicates that the
super built up area given to me is 6800 [Link] only but where
as the plaintiff has received a total built up area of about
8450 [Link] which is total against the main prinicipal of 50:50
sharing of the super built up area and this shows the conduct
of suppression of facts before this honble court.
9. I submit that the plaintiffs has even suppressed the fact and
deceived this hon’ble court stating that he is having a share
and contribution with respect to the ground floor of the
schedule property, but whereas the supplementary
agreement so entered by both the parties clearly shows that
he is neither having any area or right with respect to the
ground floor as the plaintiff is containing in the said plaint.
10. I submit that I am the actual land owner of the said suit
schedule property and I am having every right over the said
schedule property and the joint development agreement
entered by the plaintiff and defendant dated 4/1/2019. Also
enhance the same in point .6 “ obligation of the land
owner/developers and their tresspasers” - Point 3. They
shall give to the other necessary vertical, horizontal
and lateral support and reciprocate and recognize the
rights of the other Land Owner/First Party in the
Project as are enumerated in clause herein. Which
shows the preference of me as the land owner of the
schedule property.
11. I submit that the plaintiff in point no.8 state that the
plaintiff had paid a sum of ₹1,95,000 for sanction plan and
obtained the sanction plan. The same is under the custody of
the defendant, but this is clearly fales as the JDA agreement
clearly states in clause no.2 PLAN/LICENSES. “The
developer shall be responsible for obtaining sanctions of the
plans for construction of the residential/commercial
apartment building after obtaining necessary plan from the
bbmp/BDA or the appropriate sanctioning authority” . which
clearly shows the act of the plaintiff and suppression of facts
before this honble court .
12. I submit that the plaintiff has not produced the plan
sanction copy and just stated that the plan sanction copy is
with me and this is done with an intention to deceive this
honourable court and to suppress true material facts before
the honourable court.
13. I submit that the plaintiff has developed the schedule
property as per the will and as per the wilful intention of the
plaintiff only and he has not obeyed the terms of the JDA and
he has not delivered 50% share as mentioned in the JDA
agreement and delivered only 6800 [Link] which is less than
8450 [Link] and this amounts to a gross violation of the JDA
agreement and the violates and influence the rights of me
also.
Wherefor I pray this honble court to vacate the ex-parte interim
order dated 21.04.2026 granted in favour of the plaintiff and the
said order may be vacated on considering the above mentioned
reasons in the interest of justice & equity .
Bangalore
Date deponent
IN THE COURT OF THE HONBLE CITY CIVIL & SESSIONS JUDGE
(CCH-20) MAYOHALL, AT BANGALORE
O.S 25404/2026
BETWEEN
[Link] SHARIFF & 3 OTHRS …PLAINTIFFS
AND
MR. T. PAVAN KUMAR …DEFENDANT
LIST OF DOCUMENTS
1. PHOTOGRAPHS OF DEFFENDANT
2. PROPERTY DOCUMENTS
3. TAX PAID RECEIPTS
4. JDA DOCUMENT
5. GPA
6. SUPPLEMANTRY AGGREMENT
BANGALORE
DATE ADVOCATE FOR DEFENDANT