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2025 Supreme(Online)(Kar) 24802

KARNATAKA HIGH COURT
ANU SIVARAMAN, RAJESH RAI K, JJ
KR PRASHANTH ADITHYA – Appellant
Versus
THE DEPUTY COMMISSIONER OF EXCISE, RAMANAGARA DISTRICT – Respondent


Advocates:
For the Appellants/Petitioners: SRI. ANIRUDH A KULKARNI
For the Respondents: SMT. MAMATHA SHETTY

Table of Content
1. court addresses the facts of delayed claim. (Para 2 , 3)
2. appellants reference kcsr rule regarding time limits. (Para 4 , 5 , 6)
3. court agrees with appellants and states delay is fatal. (Para 7 , 8)
4. court's final decision to dismiss the suit. (Para 9)

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This appeal is filed by the defendants challenging the judgment and decree dated 29.04.2025 passed in O.S.No.346/2021 by the Court of I Addl. Senior Civil Judge and JMFC, Ramanagara.

2. It is submitted that the suit had been filed on

07.10.2021 for recovery of amount of Rs.21,97,000/- from the defendants claiming that the said amount represented the loss suffered by the Excise Department on account of dereliction of duty of Late Puttaramaiah, retired Excise Inspector, who is the father of defendant No.1 and the husband of defendant No.2.

3. It is submitted that the alleged loss had occurred on an account of dereliction of duty committed by Late Puttaramaiah during 1995-1997. Late Puttaramaiah retired from service on 30.06.2002 and passed away on 08.05.2005. As stated earlier, the suit was filed by the Government on

07.10.2021.

4. The learned counsel for the appellants submits t

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