JUDGMENT :

B. Veerappa, J. - The defendant No.4 filed the present writ petition against the Order dated 11.07.2017 made in O.S.No. 1374/2006 dismissing I.A.No.11 filed by the 4th defendant under Order 9, Rule 7 of Code of Civil Procedure.

2. The first respondent herein who is the plaintiff, filed suit for partition and separate possession of suit schedule properties contending that the plaintiff and defendant Nos.1 to 4 are the members of the joint family and the suit schedule properties are the joint family properties and she is entitled to share. The defendant Nos.1 to 3 filed written statement and supported the case of the plaintiff. The fifth defendant who is the bonafide purchaser, filed written statement, denied the plaint averments and contended that the suit is not maintainable. When the matter was posted for arguments, at that stage, the fourth defendant filed an application to set-aside the Order dated 31.07.2012 placing her ex-parte, contending that she is resident of No.7/3, 7th Cross, Lakshmi Road, Shanthinagar, Bengaluru-27, since from the date of her marriage. Instead of furnishing the said address, the plaintiff has given wrong address i.e., Ekarajipura village, Solib