R. Narayana Pisharadi, J.

This appeal is filed by the plaintiff in the suit O.S.No.864 of 2013 on the file of the Sub Court, Thrissur challenging the judgment of that court dismissing the suit filed by him.

2. The appellant is a member of the Sreenarayana Bhaktha Paripalana Yogam (hereinafter referred to as the 'Yogam'). He filed the suit claiming an amount of Rs.1,25,000,00/- from the Yogam. The case of the appellant/plaintiff in the suit is that he gave the aforesaid amount to the Yogam as a loan and that the Secretary and the President of the Yogam executed Ext.A1 document agreeing to repay the amount with interest at the rate of 12% per annum. He filed the suit when the Yogam refused to repay the amount inspite of the demand made by him for return of the money.

3. There are two defendants in the suit. The first defendant is the Yogam represented by its President and the second defendant is also the Yogam represented by its Secretary. They filed written statement in the suit denying any financial transaction between the plaintiff and the Yogam and also denying execution of any document by them in favour of the plaintiff. They alleged that the former office - bearers of the Yogam had forged documents and falsified the accounts of the Yogam to help the plaintiff.

4. The lower court framed necessary issues in the suit. During the trial of the suit, PW1 and PW2 were examined and Exts.A1 and A2 documents were marked on the side of the plaintiff. DW1 was examined and Exts.B1 to B30 documents were marked on the side of the defendants. After appreciating the evidence adduced by the parties, the lower court found that the plaintiff failed to prove his plea that he had advanced loan to the Yogam and therefore, dismissed the suit. Aggrieved by the dismissal of the suit, the plaintiff has preferred this appeal.

5. When the appeal came up for hearing before this court, the dispute between the parties was referred to mediation. During the course of mediation, the parties have reached a settlement and they have executed a memorandum of settlement dated 21.11.2017. As per the settlement arrived at between the parties, respondents 1 and 2 in the appeal (the defendants in the suit) have agreed that an amount of Rs.1,58,000,00/- would be paid to the appellant in full and final settlement of the claim. The memorandum of settlement is signed by the appellant/plaintiff and also the present President and Secretary of the Yogam and it also bears the seal of the Yogam.

6. Meanwhile, an application was filed as I.A.No.1317 of 2017 on 12.07.2017 by five members of the Yogam (hereinafter referred to as `the petitioners') to implead them as respondents in the appeal. On 27.11.2017, these five persons have filed another application as I.A.No.2209 of 2017 with a prayer that the court may give notice to the members of the Yogam and afford them opportunity to participate in the settlement proceedings.

7. The first petitioner in I.A.Nos.1317 of 2017 and 2209 of 2017 has sworn to the affidavit filed along with these applications. The averments in these two affidavits are more or less the same and they are as follows: The petitioners are members of the Yogam. The present office - bearers of the Yogam have colluded with the appellant and they have taken steps to defeat the appeal against the interest of the Yogam. During the election held in October, 2016 a panel of 15 members was formed under the chairmanship of the appellant and the present President and Secretary were candidates of that panel who contested the election. In the general body meeting of the Yogam held on 09.10.2016, a decision was taken to give Rs.1,25,000,00/- to the appellant/plaintiff and to reinstate him as a member of the Yogam (he was earlier expelled from the Yogam on the allegations of forgery, cheating and financial misappropriation). The decision taken by the general body meeting of the Yogam to give Rs.1,25,000,00/- to the appellant is against the spirit of the judgment of the trial