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Constitutional LawSupreme Court of India

Basamma v. Goparappa

Civil Appeal · 2026 INSC 712Decided 16 Jul 2026
C.A. No.-009021-009021 - 2026 (@ SLP(C) No.10183 of 2024)
Justice Sanjay Karol · Justice Vipul M. Pancholi · Justice Nongmeikapam Kotiswar Singh

Background

A family dispute arose after the death of one Basalingaiah, whose sisters (as Class-I heirs of their father) sued for partition and a 2/3rd share of ancestral property, claiming Basalingaiah's daughter Basamma had wrongly gotten the land mutated solely in her name and then sold parts of it. The trial court dismissed the suit outright, but the First Appellate Court, while agreeing the plaintiffs failed to prove ancestral ownership, went on to make separate findings (in Paragraph 24) that certain sale deeds executed by Basamma were invalid. One of the buyers, Goparappa, challenged just that Paragraph 24 finding in the High Court by writ petition - without the sellers, Basamma and her son, being given notice or a hearing.

Decision Breakdown

The Supreme Court held that a writ of certiorari cannot be used to re-examine findings of fact reached by a lower court after full appreciation of evidence - it only corrects jurisdictional errors or gross illegality, not disagreements with the outcome. The High Court had wrongly used its certiorari power like an appeal to overturn Paragraph 24's factual findings. Even more seriously, it did so without hearing Basamma and her son, even though the finding directly affected their ownership rights - a clear breach of the natural justice principle that no one should be condemned unheard. The Court set aside the High Court's order and restored the First Appellate Court's judgment in full, while leaving parties free to pursue other remedies if they wish.

Lesson Learnt

A court exercising writ (certiorari) jurisdiction is not a second appeal - it cannot reweigh evidence just because it disagrees with a lower court's factual conclusions. Equally important, no order that affects a person's property rights can be passed without giving that person a chance to be heard, even if they were not the original party who filed the writ petition.

Basamma v. Goparappa – Legal Case Shots | LegalAware