1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR M.C.A NO.497/2010 IN M.C.A.STAMP NO.7334/2010 IN F.A. NO.175/2004 Shobha Shalibram kadu ..vs.. State of Maharashtra & ors - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S.Khadse, advocate for applicant Shri A.M. Deshpande, AGP for respondents CORAM : SMT. VASANTI A. NAIK, J. DATE : May 06, 2010 . Heard Shri Khadse, the learned advocate for the applicant and Shri A.M.Deshpande, the learned AGP for respondents. The learned counsel for the applicant relying on the decision rendered by this court in case of Kestorabai ..vs.. State of Mah reported in 1999(2) Mh.L.J. Page 384, submitted that the female litigants were exempted from payment of court fees while filing the appeal under section 54 of the Land Acquisition Act in view of the notification dated 1.10.1994. Shri Anand Deshpande, the learned AGP submitted that the judgment rendered by this court in the case of Kestorabai, was rendered before issuance of the clarificatory notification dated 23.3.2000, which explained that the expression “Property Disputes” shall mean property disputes arising out of the concerned matrimonial matters. It is submitted by the learned AGP that the applicant cannot seek exemption of payment of court fee while filing the appeal under section 2 54 of the Land Acquisition Act, in the year 2004 as the applicant does not have a property dispute or property right which arises out of a matrimonial matter, as the present case pertains to land acquisition. On hearing the learned counsel for the parties and on perusal of the judgment in Kestorabai's case and in the case of Jyoti S.Doshi ..vs.. M/s Hindustan Hosiery Mills, reported in 2000(4) Mh.L.J. 228, specially the paragraph 19 thereof that the matters filed after 23.3.2000 were to be governed by the notification of that date and since the property dispute in the instant case did not arise out of and was not concerned with the matrimonial matter, the applicant was clearly liable to pay the court fees while filing the first appeal under section 54 of the Land Acquisition Act. The Exemption granted to woman under the notification dated 1.10.1994, can not be granted to the applicant in this case, in view of the subsequent notification dated 23.3.2010. In such circumstances, the applicant was liable to pay court fees. Shri Khadse, the learned counsel for the applicant states that the court fees would be positively deposited within a period of 6 weeks. M.C.A is allowed in the aforesaid terms. JUDGE smp