1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 550 OF 2009 Manohar alias Vinayak Govind Katdare. ... Petitioner. V/s. Kripashankar Ramdular Shukla & Ors. ... Respondents. Mr. K.S. Dewal for the Petitioner. Mr. Ganesh Sovani for Respondent No.1. Mr. Bhushan Walimbe i/b. Ms. Preeti Walimbe for Respondent No.4. CORAM : S.C. DHARMADHIKARI,J. DATED : 16th JULY 2009. P.C. :- Heard both sides. The Petitioner – Plaintiff is aggrieved by the order of the Trial Court refusing to grant his application which was styled as one filing under Order XV-A of the C.P.C. 2. What the Petitioner – Plaintiff applied to the Trial Court was for a direction to the Original Defendant No.1 to pay some amount for use and occupation of structure/house which was described more particularly in the application so also the plaint as House No.47. 3. The contention of Mr. Dewal is that the Court below fell into error in not appreciating the fact that the house is not a 2 subject matter of the development agreement. The house was to be utilized as the site office and the open land was to be developed by Defendant No. 1 and others. However, that arrangement has fallen through and now the Suit has been filed. It is admitted that the Suit House No.47 is not in possession of the Plaintiff but is in possession of Defendant No.1. He, therefore, should be directed to pay some amount from month to month as it is undisputed that the Plaintiff – Petitioner has spent amount towards electricity and telephone bills so also Municipal taxes. 4. Mr. Sovani on the other hand urges that the Trial Court was right as the application could not have been entertained under Order XV-A to this case. This is a Suit for possession after the purported termination of an agreement of development-cum-sale, the relationship is such that it does not fall strincto senso under Order XV-A. 5. It is not necessary to go into the scope of Order XV-A of the C.P.C. Suffice it to state that a Civil Court has enough powers to grant relief of the nature sought by the Petitioner – Plaintiff. If there is an admitted sum which could be said to be due and payable, then, appropriate directions can be issued by resorting to Order XXXIX Rule 10 of the C.P.C. so also Section 151 thereof. 6. The Petitioner – Plaintiff has stated on oath that he has installed telephone, obtained electricity connection and he is 3 regularly paying Municipal tax bills of his residential house to the Kalyan Dombivli Municipal Corporation. 7. It is urged by Respondent No.1 – Original Defendant No. 1 that he is not in exclusive possession and control of the house but nonetheless the fact remains that the house is in his possession. He is occupying it free of cost. The Suit for possession is pending. If the First Defendant/Respondent before desires to occupy the flat/house he should pay some amount without prejudice to the rights and contentions of both sides. It would be proper and appropriate to direct the First Defendant to pay Municipal taxes and that would be by reimbursing by the Petitioner – Plaintiff after the Receipts of payment of Municipal taxes are dispatched to the First Respondent. Similarly, the First Respondent shall pay the electricity charges if the electricity provided and if there is common telephone facility installed, the bills thereof. This he should paid either directly or by reimbursing the Petitioner. Either which way, he should pay the same within a period of 15 days from the date he is called upon to do so. However, it is clarified that his liability to pay the same shall not be from the date of the institution of the Suit but from the date of the application made before the Trial Court on which the impugned order has been made. The amount therefore should be paid from 21st August 2006. The arrears be paid within a period of two months from the date of the receipt of a copy of this order. This order is passed without prejudice to the rights and contentions of the parties. The amounts be 4 paid till the disposal of the Suit. Hearing of the Suit is expedited. 8. Petition disposed off in the above terms. No costs. (S.C. Dharmadhikari,J.)