JUDGMENT:- Heard learned counsel for the respective parties.

2. Rule. By consent, Rule is made returnable forthwith and the petition is taken up for final hearing.

3. This petition is directed against the order passed by the learned Civil Judge (S.D.) Aurangabad dated 15.9.2006 below application Exhibit 15 in Special Civil Suit No.245 of 2006 (suit).

4. Present petitioner is the original plaintiff. Suit was filed on 26.7.2006 for partition and separate possession of the plaintiff's half share in the suit property and for injunction regarding alienation and creation of third party interest in the suit property till disposal of the suit. On the date of filing of the suit, it appears, that an exemption under Bombay Court Fees Act, 1959 (Act of 1959) under Section 46 and Notification dated 1.10.1994 and explanation added by Notification dated 23.3.2000 was sought by the petitioner. The petitioner has alleged in the said application that she is real sister of deceased Noorjahan Begum w/o Mohd. Shawkat, who died in the accident on 26.10.2001 and that as per the Mohammedan Law, husband of deceased Noorjahan (defendant) will share the suit property along with plaintiff as a heir of deceased t

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