1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4173 OF 2009 Shriram s/o. Sudamrao Deshmukh .. petitioners Versus Dr. Sudhirkumar Goel s/o. Radheraman Agrawal and others. .. Respondent. --- Mr. S.S. Choudhari, Advocate for the petitioners CORAM : B.R. GAVAI, J. DATE : 14th July, 2009. ORAL ORDER :- 1] By way of present petition, the petitioner challenges the order dated 6th January, 2009, vide which the application of the present petitioner for restoration of the suit came to be rejected. 2 2] The petitioner had filed a Special Civil Suit for recovery of damages arising from malicious prosecution from the respondent NO.1. During the pendency of the suit, the petitioner had filed a pursis for withdrawal of the suit on the ground that there was an amicable settlement and that the plaintiff was satisfied with the amicable settlement. 3] However, it appears that subsequently again an application came to be filed for restoration of the suit. The said application is rejected. Hence, the present petition. 4] It is the contention of the petitioner he was compelled to sign on the withdrawal pursis and as such the suit ought to have been restored. 5] The leaned trial court has found that the pursis was for the withdrawal of the suit without leave to file a fresh suit. It has been further found that the petitioner is a lawyer and, therefore, his contention regarding the forcible signature was not acceptable. 6] No perversity could be found with the approach adopted so as to warrant interference. Hence, the writ petition is rejected. [B.R. GAVAI,J.] Grt/-