JUDGMENT

Eventhough this Court admitted this appeal and had issued notice to the respondent, so far service of notice to the respondent is not complete. Having regard to the facts and circumstances of the case, I do not think that this appeal which is not maintainable should any more be kept pending before this Court. Hence the order issuing notice to the respondent is recalled.

2. The respondent herein instituted a suit before the Vacation Judge (District Judge), Thalassery during the mid summer holidays. That suit was to be instituted before the Munsiff's Court, Payyannur which at the relevant time was on vacation. As per the impugned order dated 28.4.2009 in I.A.No.498 of 2009, the learned Vacation Judge passed an order of ad-interim injunction restraining the appellants herein from trespassing into the plaint schedule property and committing any act of waste therein. The plaint schedule property is having an extent of 6 acres. It is the said order which is assailed by the defendants/appellants in this appeal filed under Order XLIII Rule 1(r) C.P.C. Eventhough by virtue of Section 19 of the Kerala Civil Courts Act, 1957, the Vacation Judge cannot pass any final order in a case of