Therefore, we proposed to accept the appeal and 'return the case to the trial court... The trial court will have to consider the question of whether the agreement that received the force of a judgment was indeed breached, with regard, inter alia, to the obligation to maintain agreements in good faith."
The District Court further ruled that: "The case will be returned to the trial court for a hearing on its merits. In the framework of its judgment and when it comes to addressing the question of costs, the trial court will also give its opinion to the appeal process and its acceptance."
- And once again, the formulation of the question that must be decided
The judgment in the appeal is a final judgment, following which it was clarified, as stated, that I must decide the question of breach of the agreement with regard, inter alia, to the duty of good faith. Once again, it will be said that in the framework of the judgment here, it will be necessary to address the fact that the defendant agreed and it was even determined that it would transfer to the plaintiffs an area of 34 square meters that was taken from its share of the lot. In this regard, the judgment here will discuss the question - when the defendant chose to allocate to the plaintiffs a distant area that was detached from their share, was it conduct in good faith? Did the defendant violate the provisions of the agreement between the parties, and hence the provisions of the judgment?
- The Outcome of the Judgment
At the end of the judgment, the claim will be accepted even if all the remedies required therein have not been determined. When the focused question has been raised by the District Court, and when it is now clear that it is within my authority, without it being considered as interference in a judgment that has already been given, it is impossible to avoid the determination that the defendant's conduct is, at the very least, conduct in bad faith. The attempt to "return" to the plaintiffs a plot of land to which they have no access at all is an improper attempt, a kind of improper legal sophistication, and it seems that even the defendant and at least three of her children do not agree to it.