IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2363 of 2011 Date of decision: 01.09.2011 Gokal Chand and another …..Appellants versus Jagdish Kumar Arora and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.R.S.Mittal, Senior Advocate with Mr.Santosh Kumar Tripathi, Advocate for the appellants Mr.Virinder Singh, Advocate for respondent No.3 Jasbir Singh, J. (Oral) In this case, dispute is with regard to custody of the children, which is claimed by the appellants. At present, the children are residing with their mother. Application, to claim their custody filed by the appellants, was dismissed by the Court below. On 21.7.2011, following order was passed by this Court:- “Counsel for the appellants states that financial condition of the appellants is much better as compared to the respondents, as such, they can better maintain the children. Subject to deposit of Rs.30,000/- with the Registry of this Court within fifteen days from today, to be paid to respondent No.3 towards litigation expenses (tentative), notice of motion be issued for 1.9.2011. FAO No.2363 of 2011 Record of the Court below be requisitioned before the next date of hearing.” In response thereto, amount was not deposited, however, it appears that due to inadvertent mistake, the Registry sent notice to respondent No.3. She has put in appearance through her counsel. Mr.R.S.Mittal, Senior Advocate assisted by Mr.Santosh Kumar Tripathi, Advocate states that the appellants are not ready to deposit the amount, as ordered by this Court on 21.7.2011. We feel that in view of above statement, the appellants have lost their right to maintain this appeal. Accordingly, this appeal stands dismissed. (Jasbir Singh) Judge 01.09.2011 (Augustine George Masih) gk Judge 2