2906wp1850.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR W.P.NO.1850 of 2011 Shri Sakharam T.Ghorade and anr. ..vs.. Smt.Mankarnabai V.Gawande and anr. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr.Ambareesh Joshi, Adv. for the petitioners. Mr.A.V.Bhide, Advocate for respondent no.1. CORAM : R.M.SAVANT, J. DATED : 29th June, 2011. 1. The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 8/3/2011 passed by the Civil Judge (Sr.Dn.), Khamgaon, by which the application – Exh.49 filed by the petitioners seeking an enquiry into the valuation of the suit under Section 8 and 9 of the Bombay Court Fees Act, 1951 came to be rejected. The said rejection is on the ground that Application – Exh.22 filed by the petitioner earlier under Order 7 Rule 11 of the Civil Procedure Code also came to be rejected. However, the Trial Court has observed that the issue as regards valuation of the suit would be considered at the appropriate time and if there is deficiency in the court fees, the plaintiff would be directed to pay the deficit court fees. The plaintiff seems to rely on the Notification issued by the State Government exempting the woman litigants from payment of court fees in respect of suits and proceedings 2906wp1850.11.odt 2 which are covered by the said Notification. 2. By that as it may, since the Trial Court has directed that the said issue would be considered at the hearing of the above suit, it would be open for the petitioners to urge the contentions that they have urged in the above petition, at the hearing of the above suit. With the aforesaid observations, the writ petition is disposed of. JUDGE chute