C.R. No. 416 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 416 of 2009 (O&M) Date of decision: January 27, 2009 Smt. Bharpai .. Petitioner v. Mohinder Kumar and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Manohar Lall, Advocate for the petitioner. .. Rajesh Bindal J. Challenge in the present petition is to the order dated 17.1.2009, passed by the learned Additional Civil Judge (Senior Division), Kaithal, whereby the objections filed by the petitioner in execution of the judgment of this Court in favour of the respondents upholding the eviction of the petitioner from the shop in dispute, were dismissed. This Court vide order dated 20.7.2007 passed in Civil Revision No. 5903 of 2005 upheld the order of eviction of the petitioner. Since then the execution of the order was being delayed for one reason or the other on flimsy grounds. Even now in the objections, a plea was sought to be taken regarding affixation of court fee and grant of police help on the ground that police help could be ordered only on resistence by the petitioner in execution of the order. Learned counsel for the petitioner submitted that at the very first instance, direction of the learned court below for grant of police help is not in consonance with the provisions of Order 21 Rule 97 of the Code of Civil Procedure. The same could be granted only in case the decree holder makes an application to the court complaining any resistence or obstruction. However, I do not find any merit in the submissions made. The petitioner-tenant failed upto this court when her eviction was upheld vide order dated 20.7.2007. More than one year and six months have passed but till date, she has resisted the delivery of possession to the landlords. Even if the petitioner is carrying on some commercial activity in the shop, she had enough time to shift her business. The police help, as directed by the learned court below, will be used only C.R. No. 416 of 2009 [2] if the petitioner resists and to avoid any untoward incident at the spot. In case, she voluntarily delivers the possession to the landlords, there is no question of use of police help. For the reasons mentioned above, I do not find any merit in the present petition and the same is dismissed. (Rajesh Bindal) Judge 27.1.2009 mk