Partition query

We have given a land for development and construction delayed by a year but builder argues he constructed extra area than approved plan thats why there is a delay. As partition couldn't be made, a suit was filed by us, According to court order we received extra percentage of share through decree from builder which we are very happy with. But builder filed an appeal in higher court (there is no clause of compensation in our agreement), And I heard judge cannot change the share percentages ? He can only order for payment of compensation if there is any such clause in agreement?is builder going to win the case? Please suggest...