IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1695 of 2008 RAMJEE TIWARI Versus VIDYA DEVI & ORS ----------- 2 16.10.2008 Heard counsel for the petitioner. Counsel for the petitioner while assailing the impugned order passed by the lower appellate Court affirming the order dated 22.6.2006 refusing grant of injunction to the plaintiff-petitioner, has made a submission which would require the lower appellate Court to reconsider its view inasmuch as it has been submitted by learned counsel that the parties have arrived to some sort of compromise during the pendency of the appeal and in this background Vidya Devi, the defendant, respondent had submitted an undertaking in the Misc. Appeal No. 24 of 2006. He while placing reliance on such undertaking would submit that had that undertaking being taken into consideration there was no occasion for the lower appellate Court to pass a reasoned judgment rather the appeal could have been disposed of in terms of that undertaking of Vidya Devi. This Court would not like to make any comment on such submission of counsel for the petitioner for a simple reason that in the impugned order, there is no reference to the aforementioned undertaking filed by Vidya Devi. 2 It would therefore, be open for the petitioner to seek a review of the order passed by the lower appellate Court. In case such a review is filed the same would be disposed of in accordance with law. With the aforementioned observations and directions this Civil Revision application is dismissed. Bibhash (Mihir Kumar Jha, J.)