The main legal point established in the judgment is that the Vacation Judge is empowered to hear urgent matters requiring immediate or prompt attention by the High Court and has the powers of a Single Judge of that Court. However, the Vacation Judge is only empowered to make provisional orders in urgent matters in suits, appeals, or other proceedings which normally lie in subordinate courts, and such provisional orders are of ad interim nature and are not to be made final by the Vacation Judge.

1. This is a petition to call up I.A. No. 909 of 1961 in O.S. No.171 of 1961, now pending disposal in the Munsiff's Court, Alathur, to be disposed of finally by the Vacation Judge. That I.A. is for the issue of a temporary injunction and it has been ordered ad interim by the learned Munsiff.

2. The powers of a vacation judge are defined by S.8 of the Kerala High Court Act (Act V of 1959) so far as matters which lie in the High Court, and by S.3(11) of the same Act read with S.19(2) of the Kerala Civil Courts Act (I of 1957) so far as matters which ordinarily lie in the subordinate civil courts, are concerned.

3. S.8 of the Kerala High Court Act provides: "8. Power of Vacation Judge.

(1) During the adjournment of the High Court the Chief Justice shall nominate a Single Judge of the High Court for the hearing of all matters which require to be immediately or promptly dealt with and such judge shall have all the powers of the High Court, except in cases in which such power must be exercised under the provisions of any law by more than one judge.

(2) It shall be competent for the Chief Justice during any such adjournment of the High Court to constitute a Bench of two or a Full Bench for the hearing of any case."

S. 3 of the Kerala High Court Act runs: "3. Powers of Single Judge.

The powers of the High Court in relation to the following matters may be exercised by a Single Judge, provided that the judge before whom the matter is posted for hearing may adjourn it for being heard and determined by a Bench of two Julges: -

(1)

(ii) exercise all the powers under sub-section (2) of S.19 of the Kerala Civil Courts Act, 1957. '

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And S.19(2) of the Kerala Civil Courts Act reads:

"During the adjournment of a Civil Court, the High Court shall have the powers to make provisional orders in all urgent matters and for such purpose to receive appeals, plaints and petitions which would ordinarily be presented to such civil Court and any such order shall remain in force only until the matter has been heard and decided by the Court having jurisdiction."

4. By S.8 of the Kerala High Court Act the Vacation Judge is empowered to hear all matters requiring to be immediately or promptly dealt with by the High Court and has all the powers of the High Court exercisable by a Single Judge of that Court in disposing the same. Under the latter provisions the Vacation judge is empowered only to make provisional orders in urgent matters in suits, appeals or other proceedings which normally lie in subordinate courts and it is expressly provided therein that such provisional orders are to remain in force only until the matters have been heard and decided by the subordinate Courts concerned. It is clear therefore that such provisional orders are of ad interim nature & that the final orders thereon are not to be made by the Vacation Judge. The power to make provisional orders may imply the power to cancel the same on proper motion; otherwise the provisional orders will continue in force till the subordinate civil court having jurisdiction in the matter has heard and disposed of the same. This petition being one for passing final orders on an interlocutory application now pending in a subordinate civil court, which the Vacation Judge is not competent to do, is misconceived. It is accordingly dismissed.