unpartitioned family property

I have my father's(late) property in tamilnadu(2100 sq.ft) which has shares for 8people(7brothers and mother). One of the brother has bought 6shares (including his own share) , the remaining 2shares are shared between myself and my another brother. Brother who has 6shares are not willing for partition the property, he want us to sell our shares as well to him but we are not ready to get cash we want our land share. As the problem couldn't be solved verbally we had to take the issue to the court by filing a case to confirm our 2shares, prelim decree judgement is positive to us as the brother who hold 6shares didn't appear for any hearings. Now the issue is that he started the construction in the property without our consent so we had to get a stay on construction and planning to file partition suit. Have below questions 1. Is there any reason that court can dismiss the stay? 2. Is there any reason court can favour major share holder and instruct us to get the cash instead of our land.