SASI ELOOR Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The unsuccessful additional plaintiffs 2 to 4 in O.S.No.1551 of 1991 on the file of the Principal Sub Judge, Thiruvananthapuram, are the appellants in this Regular First Appeal filed under Sec. 96 read with Order 41 Rule 2 of the Code of Civil Procedure (CPC). The suit was originally filed by the appellants' deceased father, Sri. E.M. Varkey, who was a contractor by profession. Pending the suit, Sri. E.M. Varkey passed away, and therefore the appellants herein, in their capacity as the legal representatives of the deceased, got themselves impleaded in the suit as per order dtd. 24/9/1993 in I.A.No.3981 of 1993 and I.A.No.3982 of 1993. The above suit stood dismissed by a judgment and decree dtd. 27/9/2006, and it is challenging the above judgment and decree that the captioned appeal is filed by the appellants herein.

(2.) The short facts necessary for the disposal of this appeal are as under:

(3.) On 25/2/2010, this Court admitted the appeal. Later, a mediation was attempted between the contesting parties through the Mediation Centre attached to this Court. However, on 31/7/2014, the Nodal Officer, Ernakulam Mediation Centre, attached to this Court, reported that the attempts at mediation had failed. That is how the appeal has been taken up for final hearing by this Court.