Caselaw

Civil Appeal 1463/22 The Greek Orthodox Patriarchate of Jerusalem v. Himanuta Ltd. - part 2

July 14, 2025
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Indictments were filed between me and the fraudsters for their involvement in the fraudulent acts, and they were convicted at the end of the proceedings (see the comprehensive judgment of the Jerusalem District Court (the Honorable Judge) M.  Gal) in the bag Criminal 1071/01 State of Israel v.  Rabinovich [Nevo] (5.11.2007); and the judgment of this Court in the appeals filed by the parties - Criminal Appeal 4364/08 State of Israel v.  Rabinovich [Nevo] (April 22, 2010)).  In addition to the fraudsters who took a direct part in the fraudulent act, a criminal proceeding was also opened against the notary who allegedly verified the patriarch's signature on the employment documents without the latter signing the documents in front of him (the verdict in the case Criminal (Hello Y-m) 1318/02 State of Israel v.  Perry [Nevo] (1.10.2002)).

  1. Parallel to the Patriarchate's claim for declaratory relief, and about six years before it was determined that the land transaction was void of any validity, negotiations were held between the Patriarchate and Trustee with the aim of resolving the dispute outside the courtroom, at the end of which the parties reached agreements that were put in writing in the details of the meeting held on March 12, 2007 (hereinafter: DetailsAll). The meeting, which was in fact a festive ceremony, was held in the presence of the new Patriarch and his entourage, including the Patriarchate's lawyers, representatives of the JNF and Himanuta, Adv. Weinroth, who served as a mediator between the parties in the proceeding, as well as two retired judges - the late Avigdor Mashali and Dan Arbel, who were invited to the meeting in order to serve as witnesses to the agreements reached by the parties (hereinafter: The Ceremony).  Due to the importance of the wording of the detail for our purposes, we will quote the following in its full version (emphasis at the end of the original):

"1.  After negotiations that took place in recent months between the Patriarch-elect, His Majesty Theopoulos III and the Patriarchate's lawyer, and representatives of the Jewish National Fund, it was agreed between the parties to make every effort to settle the disputes between the Patriarchate and the Jewish National Fund in connection with the "land affair" that is the subject of the TA.  2307/00 in the Jerusalem District Court [Nevo] (hereinafter: the "Civil Case").

  1. The parties undertake to settle the disputes as aforesaid in accordance with the text of the Settlement Agreement "Draft A" attached as Appendix A to all these details, the wording of which was finally agreed upon and approved by the parties and their attorneys.
  2. Immediately upon receipt of the letter of recognition (high berat) from the Government of Israel for the election of the elected Patriarch Theopoulos III as the Patriarch of the Greek Orthodox Church in Israel (hereinafter: the "Government Approval"), the Patriarchate will notify the Jewish National Fund. The Patriarch-elect, Theopoulos III, will be responsible for receiving the approval of the Holy Synod for the Settlement Agreement (Draft A), the Settlement Agreement (Draft A) will be brought to the JNF for approval and subject to this approval, the Settlement Agreement (Draft A) will be signed in full by the parties, within 7 days of the government's approval.
  3. The Patriarchate reserves the right to settle the disputes with the Jewish National Fund in accordance with what is detailed in the wording of the agreement "Draft B", which is also attached to all of this details as Appendix B, the wording of which was also agreed upon and finally approved by the parties and their lawyers, if it notifies the JNF in writing of its choice of this alternative no later than August 15, 2007 or within 3 days of receiving the government's approval. According to the earliest.  If the Patriarchate has chosen this alternative, the provisions of section 3 above will apply respectively in relation to Draft B, instead of in relation to Draft A.
  4. If any appendix is missing for any of the drafts A or B, the appendix will be prepared by representatives of the Jewish National Fund by the date of the full signature as stated in section 3 above. The aforesaid shall also apply to details that must be completed in each of the aforementioned drafts; As long as there are any.
  5. For the avoidance of doubt:

6.1.  What is stated in Drafts A and/or B will not be binding on the Jewish National Fund or the Patriarchate, except with the full signature of any of the aforementioned documents as stated in section 3 or 4 above (as applicable); All rights of the parties to each other as well as to any other party are fully reserved.

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