4.wp.7959.08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7959 OF 2008 Gopaldas Dayalal Dodhia. ..Petitioner. Versus The State of Maharashtra and others. ..Respondents. .... Mr.E.A. Sasi, Advocate for the petitioner. Mr.D.B. Sawant, Advocate for respondent No.4. Mr.V.S. Gokhale, A.G.P., for respondent Nos.1 & 2 - State. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 9TH DECEMBER, 2009 P.C.:- 1. There is a decree of eviction passed against the petitioner which has been confirmed upto the Supreme Court. The petitioner had raised a question that because the area where the premises are situated has been declared as slum and therefore the decree of eviction cannot be passed. However, that question has been decided against the petitioner. The Supreme Court in its order dated 9th May, 2008 has observed as under : 4.wp.7959.08 2 "3. Indisputably, the brother of the appellant suffered a decree of eviction. He raised a question that the hutment being in the slum area, the suit for eviction was not maintainable. However, the said plea was rejected." 2. This finding operates as res judicata. Therefore, the petitioner should not raise the same question again. Petition is rejected. (D.K.DESHMUKH,J) (K.K. TATED,J)