Caselaw

Civil Case (Tel Aviv) 47648-11-22 Rhonda Golden v. Beit VeGag St. 4-2 Renanim St. Ramat Gan - part 23

August 3, 2026
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(For further support of the determination, see also Civil Appeal 10112/03 Gita Pat v.  Dan Catalan-Essen (October 4, 2009) - there, too, the judgment of the Honorable Justice Cheshin in the Nakar case was brought in agreement , according to which the question of which part will be given preference depends on the circumstances, and in the end, the Supreme Court gave preference to the sketch over the verbal part of the lease).

The words of the Honorable Justice Mudrik in the matter of the local committee are beautiful and acceptable to me in the present case as well - in which in my view as well, priority should be given to the drawing - with regard to the planning agreements or requirements, since it is the language in which the planning bodies conduct themselves - and this, in contrast to the table of areas - on the basis of which the building fees are generally calculated (for this determination as to the nature of the table of areas, see the expert testimony on behalf of the plaintiff from line 31 on page 33 to line 2 on page 34).  Support for this determination can also be found in the building permit (Appendix 7 to the plaintiff's affidavit), which was given at the end of the day, in which it was explicitly stated that: "everything according to the permit drawing" - the permit drawing, i.e., its graphic part, and not the permit plan, which includes the verbal and graphic parts (see also Rubinstein's testimony on this matter, at page 99, lines 21-22).  I will note that in her summary, the plaintiff claimed that in his testimony, Mr. Arad confirmed that as part of the permit, an area of 135.8 square meters was approved to be attached to her apartment.  However, an examination of the testimony of this witness shows that neither sexual nor partial - the witness did not confirm that such an area was indeed approved, but only confirmed that this was indeed presented to him in the plan and that he himself did not examine this issue at all.  Thus, onpage 25, lines 7-25, after he was presented with the table of areas, the witness testified:

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