JUDGMENT

V. GOPALA GOWDA, C.J. : This writ appeal is filed by the unsuc¬cessful petitioner in W.P.(C) No.13194 of 2009 who is the oppo¬site party in the Election Petition No.5 of 2007 before the Civil Judge (Junior Division), S. Rampur who has allowed the application of the respondent herein to recount the ballots of polling booth Nos.1, 2, 6, 10 and 11 which order is affirmed in the impugned order passed by the learned Single Judge in dismiss¬ing the petition filed by the appellant herein vide its order dated 20.11.2009 is challenged urging various legal grounds.

2. When this matter was listed for admission on 15.4.2010, learned counsel appearing on behalf of the respondent raised the preliminary objection regarding the maintainability of this writ appeal by placing reliance upon the Full Bench decision of this Court in the case of Mohammed Saud & others v. Dr. (Maj) Shaikh Mahfooz and another reported in 2008 (II) OLR (FB) 725 placing reliance upon paragraph 45 wherein the Full Bench of this Court having regard to the conflicting Division Bench judgments of this Court with reference to Section 100-A of the Code of Civil Proce¬dure as amended by Act of 2002 has held that appeal ag