The captioned Regular Second Appeal is filed by the

plaintiff questioning the judgment and decree of the first

appellate court passed in R.A.No.288/2010 wherein the

first appellate court has proceeded to dismiss the suit.

2.

Brief facts leading to the case are that,

appellant/plaintiff filed a suit in O.S.No.30/2009 claiming

his share in the suit schedule property which is open space

bearing No.98/A/SP measuring 5352 sq.ft. and also sought

share in the properties bearing Nos.1080A and 1080B

situated at Amminabhavi village.

3.

The

respondents/defendants

on

receipt

of

summons

tendered

appearance

and

contested

the

proceedings by filing the written statement. The present

respondents/defendants have specifically contended that

present suit is not at all maintainable in view of

compromise decree passed by this court as per Ex.P1

arising

out

of

RFA

No.328/2001.

Therefore,

4

respondents/defendants specifically contended that lis

insofar as item No.1 is concerned, the same is put at rest

in view of full and final settlement between the parties in

terms of compromise decree passed by Lok Adalath in RFA

No.328/2001. Insofar as item Nos.2 and 3 which are

residential houses situated at Amminabh