JUDGMENT

Manoj Kumar Ohri, J. (Oral)--By way of present appeal, the appellant seeks setting aside of the order dated 16.08.2022 passed by the learned ADJ-05 (South-East District), Saket Courts, New Delhi in CS DJ No. 260/2022, whereby his application filed under Order XXXIX Rules 1 and 2 read with Section 151 CPC was dismissed.

2. Mr. Sanjeev Bhandari, learned counsel for the appellant while assailing the impugned order, contended that the Trial Court failed to appreciate that the appellant is the sole, absolute and registered owner of the car make-Mercedes Maybach S500 bearing Registration No. DL-1CX-2759 (hereinafter, referred to as `the Car'), and that it was illegally retained by respondent No. 1 by claiming it to be a gift received in her son's marriage with the appellant's daughter. In support of his submissions, learned counsel for the appellant has placed reliance on the decision of the Supreme Court in Deoraj v. State of Maharashtra & Others reported as (2004) 4 SCC 697.

3. Per contra, Mr. Raghav, learned counsel for respondent No. 1 submitted that the appellant had gifted the Car to the answering respondent at the time of marriage of their children i.e., marriage of r