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2026 Supreme(Online)(Ker) 9840

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
SHIMNA DILEEP C. – Appellant
Versus
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY – Respondent


Advocates:
For the Appellants/Petitioners: Sri.K.M.Sathyanatha Menon
For the Respondents: Smt. Surya Binoy, Sr. GP.

JUDGMENT

The petitioner is in possession of the stage carriage bearing registration No.KL-57-P-819, on the strength of Ext.P1 agreement entered between the petitioner and the 3rd respondent. The petitioner contends that the entire sale consideration was paid, and since the 3rd respondent failed to transfer the ownership and permit of the said bus to the petitioner, he filed Ext.P2 suit in which Ext.P3 interim order was passed on 17.02.2025, acknowledging the possession of the petitioner and interdicting the 3rd respondent from taking possession of the vehicle and restrained from transferring the R.C. and stage carriage permit. This order was carried in appeal and by the judgment dated 30.10.2025 in C.M.A. No.13 of 2025; the order of the Munsiff Court was confirmed. There is nothing on record to show that the order has been varied thereafter. It is also worthwhile to know that the Transport Authority is also a party to the suit.

2. It is on the strength of the possession of the petitioner that the petitioner sought the issuance of a fitness certificate, which was rejected through Ext.P6 order. The reason stated in Ext.P6 is that since the mobile number registered with the Transport

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