V.K.Mohanan, J.
The above appeal is preferred challenging the order dated 23-09-2013 in I.A No.440/2013 in O.P No.2042/2010 of Family Court, Ernakulam, at the instance of the petitioner therein since the court below declined the request made by the appellant for modification of the earlier order with respect to the custody of the minor child and removing the respondent from the guardianship of the minor son on the ground that the said application is not maintainable.
2. Heard the learned counsel for the appellant and the learned counsel for the respondent.
3. After hearing the learned counsel on both sides, we are of the view that instead of retaining the appeal on the files of this court, the same can be disposed of directing the court below to consider I.A No.440/2013 afresh on merit after giving Mat. Appeal No.783 of 2013 2 opportunity to the parties to the dispute.
In the result, this appeal is disposed of setting aside the order dated 23-09-2013 in I.A No.440/2013 in O.P No.2042/2010 and the matter is remanded back to the Family Court, Ernakulam directing to consider I.A No.440/2013 afresh on merit and to pass appropriate orders after giving ample opportunity to the parties to the dispute. The order shall be passed as expeditiously as possible.
Sd/- V.K.MOHANAN, JUDGE.
amk Sd/- A.HARIPRASAD, JUDGE.
//True copy// P.A to Judge