ORDER :

Somarajan, J.

1. The question came up for consideration before us by way of I.A.No.1/2023 is with respect to the permissibility of this Court (the first appellate court) to engross a final decree for partition on required stamp paper or whether this court can exercise jurisdiction for that purpose.

2. The procedure to be adopted for engrossing a decree on stamp paper is dealt under the provisions of Civil Rules of Practice, Kerala. The form of decree that can be drawn is made mentioned under Rule 182 in Chapter V of the said Rules. But in the case of final decree for partition, in addition to the requirement under Rule 182, the mandate under Section 235(1) and (2) has to be complied with in so far as it is applicable either to movable or immovable properties. The plan prepared at the final decree stage and accepted by the court shall be appended to the final decree, besides the schedule of properties. The question of engrossing the final decree would arise only after attaining finality and conclusiveness to a decree drawn either by the trial court or by the first appellate court or by the second appellate court as the case may be. The expression “decree” is defined under Secti