1. The stamp reporter placed a stamp report dated 19.1.2012 that in view of the Full Bench decision reported in 2009 (3) PLJR 990 this first appeal is not maintainable. The Misc. appeal is maintainable.

2. The learned senior counsel Mr. Maitin appearing on behalf of the appellant submitted that the full bench decision referred to above is not applicable in the present case because the full bench decision considered the provision of appeal as contained in Section 19 of the Family Court Act, 1984. The present appeal has been filed under Section 299 of the Indian Succession Act. According to the learned senior counsel in view of Section 299 of the Succession Act, 1925 the appeal shall be filed to the High Court in accordance with the provisions of the Code of Civil Procedure applicable to appeals and accordingly, the appellant has filed this first appeal.

3. From perusal of the Full Bench Decision reported in 2009 (3) PLJR 990 Sunita Kumari vs. Prem Kumar it appears that the full bench of this Court considered the definition of decree provided under Section 2 Sub Section 2 of the Code of Civil Procedure and the provision of Section 19 of the Family Court Act, 1984. After conside