Mrs. Sherin Sebastian v. Mr. Joseph Ignazzio Zambuto

((((((((((((HC-KAR, NC:(2026:KHC:43750( WP(No.(21112(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010468542026( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(17 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(SMT.(JUSTICE(LALITHA(KANNEGANTI(

WRIT(PETITION(NO.(21112(OF(2026((GM-CPC)(

BETWEEN:((

( MRS.,SHERIN,SEBASTIAN, WIFE,OF,MR.,JAYESH,J,ULLATTIL, AGED,ABOUT,46,YEARS,, RESIDING,AT,,VILLA,NO.,328,,, NAMBIAR,BELLEZEA,,, MUTHANALLOOR,CROSS,,, BENGALURU,–,560,099, …PETITIONER, (BY,SRI.,AKSHATA,BENEGAL,,SRI.,SATHYA,SAGAR,R.,, ,,,,,,SRI.,MITHRA,P.,,ADVOCATES,FOR, ,,,,,,SRI.,MANU,PRABHAKAR,KULKARNI,,ADVOCATE), , AND:(

(

1., MR.,JOSEPH,IGNAZZIO,ZAMBUTO, SON,OF,MR.,JOSEPH,ZAMBUTO,,,Digitallytisigned by0SUVARNA0T AGED,ABOUT,44,YEARS,,, Location: HIGH0COURT HOLDING,UNITED,STATES,OF,AMERICA,, OF KARNATAKA PASSPORT,NO.,664130033, , LAST,RESIDING,AT,NO.16128,,, PENTHOUSE,,PRESTIGE,SHANTINIKETAN,, WHITEFIELD,ROAD,,, NEAR,ITPL,,WHITEFIELD,,, MAHADEVAPURA,,, BANGALORE,–,560,048, , ALSO,RESIDING,AT:, 713,BARBADOS,DRIVE,,, WILLIAMSTOWN,,, NEW,JERSEY,,08094., ((((((((((((HC-KAR, NC:(2026:KHC:43750( WP(No.(21112(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010468542026( ( (

2., MS.,NOORINA,ABDOULRAMAN, WIFE,OF,MR.,JOSEPH,ZAMBUTO,,, AGED,ABOUT,38,YEARS,,, HOLDING,REPUBLIC,OF,MAURITIUS,, PASSPORT,NO.,2008065, LAST,RESIDING,AT,NO.16128,,PENTHOUSE,, PRESTIGE,SHANTINIKETAN,,WHITEFIELD,ROAD,, NEAR,ITPL,,WHITEFIELD,,, MAHADEVAPURA,,, BANGALORE,–,560,048, ,

3., MR.,JAYESH,J.,ULLATTIL, SON,OF,MR.,JOHN,JOSEPH,ULLATTIL,,, AGED,ABOUT,48,YEARS,, RESIDING,AT,,VILLA,NO.,328,,, NAMBIAR,BELLEZEA,,, MUTHANALLOOR,CROSS,,, BENGALURU,–,560,099, …RESPONDENTS, , , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLE,227,OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, SET, ASIDE, THE, IMPUGNED, ORDER, DATED, 29.06.2026, PRODUCED, AT, ANNEXURE-A, TO, THE, EXTENT, THAT, 4, WEEKS', TIME, WAS, GRANTED,TO,RESPONDENT,NO.1,AND,2,TO,FILE,OBJECTIONS, AND,CONSEQUENTLY,ALLOW,I.A.NO.7,FILED,UNDER,SECTION, 151,OF,THE,CODE,OF,CIVIL,PROCEDURE,,1908,PRODUCED,AT, ANNEXURE-R,AND,I.A.NO.8,FILED,UNDER,ORDER,XII,RULE,6, OF, THE, CODE, OF, CIVIL, PROCEDURE,, 1908, PRODUCED, AT, ANNEXURE-S, IN, O.S.NO.32/2026, PENDING, ON, THE, FILE, BEFORE, THE, HON'BLE, I, ADDITIONAL, SENIOR, CIVIL, JUDGE,, BENGALURU,RURAL,AND,ETC.,,, , , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,SMT.,JUSTICE,LALITHA,KANNEGANTI, , (

ORAL ORDER The present writ petition is filed seeking the following prayer:

I. Call for records of O.S. No. 32/2026, on the file of the Hon'ble I Additional Senior Civil Judge, Bengaluru Rural. II. To set aside the Impugned Order dated

29.06.2026 produced at Annexure A, to the extent that 4 weeks time was granted to Respondent No.1 and 2 to file objections and consequently allow I.A. No. 7 filed under Section 151 of the Code of Civil Procedure, 1908 produced at Annexure R and I.A. No. 8 filed under Order XII Rule 6 of the Code of Civil Procedure, 1908, produced at Annexure S, in O.S. No. 32/2026 pending on the file before the Hon'ble I Additional Senior Civil Judge Bengaluru Rural III. To issue a writ or any other direction permitting the Petitioner to immediately enter the Schedule Property and recover the physical possession of the Schedule Property by breaking open the lock, if need be; IV. Without prejudice and in the alternative to prayer II anc III, issue a writ, order or direction, directing the expeditious consideration and dispose of I.A. No. 7 filed under Section 151 of the Code of Civil Procedure, 1908 produced at Annexure R and I.A. No. 8 filed under Order XII Rule 6 of the Code of Civil Procedure, 1908, produced at Annexure S, in O.S. No. 32/2026 pending on the file pefore the Hon'ble I Additional Senior Civil Judge, Bengaluru Rural, within a period of two weeks. V. Pass any other order(s) which this Hon'ble Court deems fit and proper, towards the ends of equity, justice and good conscience.

¶2The relief No.2 sought is to set aside the order dated

29.06.2026, this Court is not inclined to pass any order, and that is not an order in the eye of the law against which a writ petition can be filed before this Court under Article 227 of the Constitution of India.

¶2The Relief No.3 is to issue a writ permitting the Petitioner to immediately enter the Schedule Property and recover the physical possession of the Schedule Property by breaking open the lock if required, and that also cannot be considered by this Court exercising jurisdiction under Article 227 of the Constitution of India.

¶3The 4th relief sought is regarding expeditious consideration and disposal of I.A.No.7 filed under Section 151 of the CPC and I.A.No.8 filed under Order XII Rule 6 of the CPC. It is submitted that there are some leakages in the apartment, and it is damaging the neighbor's property as well as the subject property. Unless and until possession is given and he is permitted to effect the repairs, the flat and the building will be damaged. As far as that aspect is concerned,

with regard to getting the repairs done, if any application in that regard is filed, the same shall be considered within 15 days from the date of receipt of the copy of the order.

¶4In view of the above, this Court is passing the following: ORDER i. Accordingly, the Writ Petition is disposed of. If any application with regard to carrying out the repairs to the apartment is filed, the same shall be considered within 15 days from the date of receipt of the copy of the order in accordance with law. ii. Pending IAs., in this petition shall stand closed.

SD/- (LALITHA KANNEGANTI) JUDGE

TS List No.: 1 Sl No.: 17