R.F.A.Nos.451 of 2005 and 535 of 2006 arise from the common judgment and decree dated 08.07.2005 in O.S.Nos.139 of 1993 and 35 of 1997 of the Sub Court, Thiruvananthapuram. O.S. No.139 of 1993 is for a decree for recovery of damages from the respondents/defendants. O.S.No.35 of 1997 is for declaration of title, recovery of possession, fixation of boundary and prohibitory injunction against further trespass. Learned Sub Judge, though after recording evidence in the cases answered the issue regarding res judicata against the appellants and dismissed the suits. Hence the appeals.

2. The first appellant and his mother filed O.S.No.130 of 1966 in the Munsiff's Court, Thiruvananthapuram for a decree for recovery of possession, etc. against the Nemom panchayath (which has merged with the Thiruvananthapuram Corporation) for trespassing into the suit property. In that suit, a decree was granted. By the time the decree was sought to be executed, the mother expired. Appellants, claiming absolute right over the property in respect of which the decree was obtained, filed E.P,No.l26 of 1974 for execution of that decree, That petition-was dismissed as per order dated 06.11.2003 on the gr