Arnold White, C.J.

1. This is an appeal against an order of the District Court of Godavari directing the payment out of Court of one-third of certain moneys standing to the credit of Original Suit No. 35 of 1895 in the Subordinate Judges Court of Masulipatam on security being furnished. The material facts and dates with reference to the circumstances in which the application was made are as follows:-

In 1895 the Medur Ranee instituted Original Suit No. 35 of 1895 in the Masulipatam Court to recover possession of the Medur estate. One Papamma Row and the Court of Wards were made Defendants to that suit. For the purposes of to-day it will be sufficient to say generally that Papamma Row alleged that she had validly adopted Narayya Appa Row, the son of the Medur Ranee. The boy died during the life-time of trie Medur Ranee and of Papamma Row. The Medur Ranee claimed the Medur property on the ground of her rights as natural mother, whilst Papamma Row claimed it on the ground of her rights as adoptive mother of the deceased boy. At the time of the institution of the suit the Court of Wards were in possession of the estate on behalf of the boy. In that suit an application was made by