1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3231 OF 2009 IN APPEAL NO.194 OF 2009 IN PETITION NO.2 OF 2008 IN SUIT NO.5 OF 2006 Mr.Kersi Jamshed Divecha ..Appellant V/s. Mrs.Hutoxi Minoo Panthaky ..Respondent Smt.Taubon F. Irani, Advocate, for the appellant Smt.Sanober P. Nanavati, Advocate, for the respondent CORAM : P.B.MAJMUDAR & R.C.CHAVAN, JJ. DATE : 5TH NOVEMBER, 2009 P.C. . By way of this Notice of Motion the appellant has prayed that pending the hearing and final disposal of the appeal the Order passed by a Single Judge of this Court dated 24th February, 2009, may be modified partly and during the pendency of the appeal, the appellant may be granted 2 access of both the children for half of the period of the Chrismas Vacation. The learned counsel for the respondent submitted that the respondent  wife has no objection in allowing access of both the children from the beginning of the Chrismas Vacation on 24th December, 2009 till it ends on 1st January, 2010. Considering this we direct the respondent that she shall send the children to the appellant from 25th December, 2009 to 1st January, 2010. 2. It is pointed out that one of the children is studying in 12th std and it is very important year for his academic career. We would not allow the request of the appellant that, because in the past access of four days was denied to the appellant, those four days should be compensated now. This Court is also required to see welfare of the Children. Access would be provided to the appellant for a period from 25th December, 2009 to 1st January, 2010. We accordingly direct the appellant to send back the children to their mother in the evening of 1st January, 2010. Notice of Motion is accordingly disposed of. 3 3. Insofar as rest of the prayers are concerned, they cannot be considered. However, considering the fact that the matter is in connection with the custody of the children, it would be just and proper to expedite the appeal. The appeal is accordingly fixed for final hearing on 5th January, 2010 peremptorily. ( R.C.CHAVAN, J.) ( P.B.MAJMUDAR, J. )