JUDGMENT :

Bela M. Trivedi, J.

1. The following issues have been placed for consideration before the Full Bench, pursuant to the order passed by the Single Bench on 7.12.2017 in the captioned matters:-

"(A) In case of a decree passed by the Trial Court, on the basis of compromise between the parties ('Consent Decree'), what remedy the 'aggrieved party' would have before the Appellate Court. Whether it would be 'First Appeal' under Section 96 of CPC or 'Appeal from Order' under Order 43 Rule 1 A of the CPC.

(B) Which of the following two sets of the decisions of the Division Benches of this Court, connotes the correct position of law.

(i) Judgment of the Division Bench of this Court dated 04.07.2013 recorded on First Appeal No. 3804 of 2012 in the case of Legal Heirs of Decd. Ullasbhai Parsottambhai (supra) and

(ii) Order of the Division Bench of this Court dated 27.12.2012 recorded on Civil Application No. 11987 of 2012 in the case of Indiraben Ratilal Adhia (supra).

OR

(i) The judgment of the Division Bench of this Court, in the case of M/s. Sanskruti Infra Developers Pvt. Ltd. (supra), (dated 16.08.2016 recorded on First Appeal No. 2536 of 2015) as noted in para: 7.1 above, and

(ii) the j