The Result
- In light of the above, I accept the claim and order the defendant to demolish at his own expense the fence that he built within the invasion area (in plot 13, in Block 22515), which is marked in pink according to the measurement sketch prepared by the surveyor Zibak (p. 24 of the opinion), and to remove the debris and building debris that will be created as a result of the demolition work from the invasion area and to ensure that the invasion area will be free of any construction waste at the end of the demolition work.
- In addition, I order the defendant to evacuate and remove his hand, including any person on his behalf or in his possession, from the area of the invasion. As part of the removal of the defendant and anyone on his behalf, to remove all the movables found in the area of the invasion.
- To return possession of the invasion area to the plaintiff when it is free of any person and/or object belonging to the defendant and/or anyone on his behalf.
- The defendant must complete the execution of the demolition works and the removal of his hand from the area of the invasion and hand over possession of them to the plaintiff as stated above within 100 days from the date of the submission of this judgment to the defendant's counsel's office. This period of time is intended to enable the defendant to prepare accordingly, but mainly so that the parties will act as I recommended in the next section.
I recommended - again!
- Notwithstanding the above result, which is required by the implementation of the provisions of the law, I am of the opinion that it is not too late to renew the dialogue between the parties in order to reach agreements that will make the need for the execution of this judgment redundant, as well as the execution of the judgment of the Honorable Judge Eilaboni, which, despite the many years that have passed since then, has not yet been carried out, and whose execution is liable to significantly harm the road and the possibilities of entering the plaintiff's home compound.
- It seems to me that the best result for both parties in the circumstances of our case is a mutual relinquishment by both parties of the area that they have won according to the judgments. The plaintiff will relinquish the area of the invasion to which he is entitled in accordance with this judgment, while the defendant and his brother will relinquish the area out of Plot 12 to which they are entitled according to the judgment of the Honorable Justice Eilabuni.
- The parties can easily harm and harass each other and limit and make it difficult for each other if they insist on carrying out the judgments, but they can certainly reach an equal valley for the sake of their own welfare and tranquility. Dialogue, compromise and cooperation between neighbors are the way to end disputes effectively and prevent the continuation or creation of additional disputes and disputes with all that this entails.
- I am convinced, especially in view of the identity of the representatives in the case, that with a little effort and goodwill on both sides, it will be possible to reach Emek HaShava as I recommended above.
- Therefore, and in order not to create difficulties for the attempts at dialogue and in order to prepare the ground for its existence, as I hoped and recommended, and taking into account all the circumstances of the matter, I have decided not to make an order for costs in respect of this proceeding, in the hope that this will facilitate the resumption of contacts to find an arrangement that will be acceptable and agreed upon by all.
The Secretariat will provide a copy of this judgment to the parties through their counsel.