IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 204 OF 2009 IN FIRST APPEAL NO. 190 OF 2008 M/S. DOM FRANCISCO FLAT OWNERS CO-OP. HOUSING SOCIETY LTD. THROUGH SECRETARY AUSTIN C. M. PINTO ... Applicant Versus M/S ALFRAN CONSTRUCTIONS PVT. LTD. THROUGH MANAGING DIRECTOR CARLOS MAURICIO FERNANDES AND 8 ORS., ... Respondents Mr. A. D. Bhobe, Advocate for the applicant. Mr. V. Parsekar, Advocate for the respondent no.5. Coram:- U. D. SALVI, J. Date:- 3rd February, 2010 P.C. Heard. Perused application and reply. It is submitted on behalf of respondent no.5 that respondent no. 3 since deceased is survived by legal heirs i.e his brothers and sisters as stated in para no. 3 to 7 of the affidavit in reply and they need to be brought on record. The applicant submits that this application tendered by him is only to bring on record the fact of the demise of respondent no. 3 and nothing more. It is submitted on behalf of the applicant that the consequences flowing from not bringing the alleged legal heirs on record would be borne by the applicant as there is no subsisting right in the subject matter of the suit vesting in respondent no. 3 and therefore legal heirs need not be brought on record. Cause title be corrected forthwith as prayed for. MCA no.204/2009 stands disposed off accordingly. U. D. SALVI, J. vn