IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.28208/2019 (GM-CPC)

BETWEEN:

M/S. RAJU ELECTRONIC CENTRE A REGISTERED PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER SRI. A. CHANDRASHEKAR RAJU S/O LATE A. ANJANEYA RAJU Digitally signed AGED ABOUT 51 YEAS by RUPA V R/A NO.119, SADAR PATRAPPA ROAD Location: H IGH BENGALURU-560002.

COURT OF …PETITIONER KARNATAKA (BY SRI. RAJESWARA P.N. ADV.,)

AND:

1. SRI. VISHWANATH SEVA BHANDAR A REGISTERED TRUST WITH THE REGISTERED ADDRESS AT NO.63-67 SADAR PATRAPPA ROAD REP. BY ITS PRESENT TRUSTEE.

1(a) SRI. SATISH KUMAR TUKREL S/O SRI. BALARAM AGE:MAJOR MULTI CHOICE VIDEO NO.69, 8TH MAIN ROAD 2ND BLOCK, JAYANAGAR BENGALURU-560011.

1(b) SRI. ARJUNDAS R. GWALANI S/O SRI RAMDAD GWALANI AGE:MAJOR C/O SATISHKUMAR TUKREL MULTI CHOICE VIDEO NO.69, 8TH MAIN ROAD II BLOCK, JAYANAGAR BENGALURU-560011.

1(c) SRI. LALCHAND NAGPAL S/O SRI. THOTHARAM NAGPAL AGED MAJOR C/O SATISHKUMAR TUKREL MULTI CHOICE VIDEO NO.69, 8TH MAIN ROAD II BLOCK, JAYANAGAR BENGALURU-560011.

1(d) SRI. SHYAM SUNDAR CHAWLA S/O KISHANDAS CHAWLA AGE:MAJOR C/O SATISHKUMAR TUKREL MULTI-CHOICE VIDEO NO.69, 8TH MAIN ROAD II BLOCK JAYANAGAR BENGALURU-560011.

2. SRI. M.S. SHERIEF S/O LATE LALEEMULLA SHAREIF AGE:MAJOR NO.26, COCKBURN ROAD BENGALURU-560001.

3. SMT VASANTHI GOPAL (SINCE DEAD) BY LR'S.

3(a) SRI. A. RAJAGOPAL S/O LATE ABBAYAPPA AGED ABOUT 68 YEARS R/AT. NO.20, IST FLOOR MUNISWAMAPPA LANE BEHIND DHARMARAYANASWAMY TEMPLE THIGALARAPET, BENGALURU-560002.

3(b) SMT. B. SHAILAJA W/O SRI. P.N. KUMAR AGED ABOUT 40 YEARS R/A NO.3/3, 2ND CROSS P V N LANE, THIGALARAPET BENGALURU-560002.

3(c) SMT. B.R. REKHA W/O SRI. R.T.V. KRISHNA KUMAR AGED ABOUT 30 YEARS R/A NO.20, 2ND FLOOR MUNISWAMAPPA LANE BEHIND DHARMARAYASWAMY TEMPLE THIGALARAPET, BENGALURU-560002.

…RESPONDENTS (BY SRI. M.D. KRISHNAPPA, ADV., FOR R3 (a to c)

V/O/DTD:03.11.2025 NOTICE TO R1 (a to d) ARE H/S R2 SERVED AND UNREPRESENTED)

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THIS WP FILED PRAYING TO-SET ASIDE THE ORDER DATED 27.05.2019 ON I.A.NO.XII (ANNEXURE-A) AND ALSO BOTH THE ORDERS DATED 28.06.2019 ON I.A.NO.16 AND 17 (ANNEXURE-B AND C RESPECTIVELY), IN O.S.NO.7362/2004, ON THE FILE OF XII ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY (CCH-27);ALLOW THE APPLICATIONS I.A.NO.12, 16 AND 17 AT ANNEXURE-L, P AND Q RESPECTIVELY FILED BY THE PETITIONER IN O.S.NO.7362/2004, ON THE FILE OF XII ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY (CCH-27) & ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED ON

25.04.2026, COMING ON FOR PRONOUNCEMENT OF ORDER, THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

CAV JUDGMENT

This writ petition is filed challenging the order dated

27.05.2019 passed on I.A.No.12 and orders dated 28.06.2019 passed on I.A.Nos.16 in O.S.No.7362/2004 by the XII Additional City Civil Judge, Bengaluru (CCH-27) (for short, 'the Trial Court').

2. Sri.P.N.Rajeshwar, learned counsel for the petitioner submits that the petitioner has filed a suit for specific performance of the agreements of sale dated 07.06.2000 and 10.04.2002. In the said suit, the petitioner filed an application seeking amendment of the plaint to rectify the typographical error in the cause title of the plaint by correcting it as M/s. Raju Electro Centre instead of M/s.Raju Electronic Centre. The said application was erroneously rejected on the ground that the agreements of sale contain the same name. Hence, the petitioner-plaintiff filed I.A.No.16 seeking to amend the prayer which also came to be rejected on the ground that the application is filed at the fag end of the proceedings. It is submitted that the Trial Court has incorrectly understood Section 26(4) of the Specific Relief Act, 1963 (for short, 'the Act') and held that the correction can be carried out if there is a mistake in the description of the property. In support of his contentions, he placed reliance on the decision of the Hon'ble Supreme Court in the case of 'PURAN RAM