As is well known, it is presumed that a party who does not bring evidence that is within his reach, this absence will be attributed to the duty of that party.
With regard to the significance of refraining from bringing evidence, there is no better than what has been stated in other municipal applications 548/78 Sharon v. Levy, IsrSC 35 (1) 736, 760: "A rule has been adopted by the courts since time immemorial, that a party should not withhold from the court evidence that is in his favor, and if he refrains from bringing relevant evidence that is within his reach, and there is no reasonable explanation for this, it can be concluded that if the evidence were brought, would have acted against him."
In addition, and in continuation of the above, there is room to believe that in the framework of the two adjacent proceedings after the approval of the settlement (the judgment that was canceled at the end of the day, and the proceeding to annul the first judgment), the warring parties did not find fit to join the plaintiffs in the proceeding. This indicates that even them (and especially them), who were undoubtedly aware of the existence of additional owners in the land, but did not see fit to join them in the proceeding and reach any agreements with respect to the land, have significant responsibility for the result, which is a delay in the ability to realize the land. The plaintiffs, notwithstanding the aforesaid, did not believe that there was room to sue them for any damages. This speaks for itself. In other words, the parties to the agreement that led to the alleged harm are not required to bear any responsibility, and only the party that helped them reach agreements is solely responsible for the situation, according to the plaintiffs. This result is inconsistent with the factual situation and is unreasonable.
Plaintiff No. 2 in his testimony evaded the question regarding the disputes between the members of the Levy family, which brought the parties to repeated litigation, and only noted that they learned of these disputes retroactively.