| Jerusalem Magistrate’s Court |
| Civil Case 50032-12-23 Abd al-Qader et al. v. Jar Ella
Exterior Case: |
| Before | The Honorable Judge Adi Bar-Tal
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Plaintiffs |
1. Hussein Abd al-Qader 2. ‘Izzat ‘Abd al-Qader By Attorney Muhammad Dahla |
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Against
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| Defendant | Nasser Garala
By Adv. Shimon Hahn |
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Judgment
Prior to a claim to enforce an agreement dated March 12, 2023, which, according to the plaintiffs, was given the force of a decision in the framework of the evidentiary hearing in civil case 8314-06-19 (hereinafter: the "Previous Proceeding").
Background
- The matter of the dispute between the parties relates to land known as Block 30504, Plots 59 and 60 in Jerusalem (hereinafter: "the Land"). The previous proceeding began with a claim for eviction and eviction filed by the defendant here against the plaintiffs here, claiming that they invaded the land and illegally took possession of it.
- At the evidentiary hearing in the previous proceeding, the parties reached an agreement whereby the previous claim would be dismissed without an expense order. At the same time, the parties reached an arrangement that was dictated to the minutes, but did not receive the force of a judgment or decision. The arrangement set out provisions regarding the purchase of the rights of the defendant's father and uncle in the land. Due to the importance of the wording of the arrangement, I will quote it in full:
"We wish to announce that the parties have agreed that subject to the production of registration documents, the defendants will acquire the rights of Muhammad Hussam (Hussam) al-Din Muhammad Jar Allah and Ibrahim Hussam (Hussam) al-Din Muhammad Jar Allah, while ignoring all the contracts alleged in the statement of defense.
As part of this purchase, the plaintiff will do all that is required to produce documents for the purpose of transferring his father's and uncle's parts in the land registry. If he produces transfer documents in relation to one of them, only his rights will be purchased.
The parties will contact an agreed appraiser for the purpose of determining the value of the rights sold as vacant space. If they do not agree on the identity of the appraiser - he will be appointed by the head of the Jerusalem District Bar Association.
The consideration will be paid within 60 days from the date of the assessment or from the date of the appraiser's response to clarification questions that will be sent to him. The parties waive the possibility of interrogating the appraiser in court.