C.O. 3571 of 2024 18.08.2026 Saumyajit Ghosh @ Soumyajit Ghosh Sl no. 41 Ct no. 2 - Vs – P.M. Sanjukta Sarkar @ Sanjukta Ghosh. Mr. Kaushik Dey, Mr. Subhojit Seal ... for the petitioner 1. During the course of submissions learned counsel for the petitioner seeks liberty to file a fresh application before the learned Trial Court seeking custody of the child for the ensuing Puja Vacation in October/November, 2026 expeditiously within ten days in accordance with law. 2. Learned counsel seeks permission to withdraw this petition without prejudice to the contentions being raised before the learned trial Court. 3. Liberty is granted. 4. The petitioner may move a fresh application before the learned trial Court seeking custody during ensuing Puja Vacation in October/November, 2026 within one week. Learned Trial Court shall consider and decide the same after giving the notice of the same to the opposite party within two weeks without being influenced by the earlier order passed by the learned Trial Court or the order passed by this court. 5. This petition is dismissed as withdrawn. 6. It is made clear that this Court has not gone into the merits of the case and no expression made herein shall tantamount to be in expression on the merits of the case. 7. The visitation rights, if any, already granted by the learned Trial Court shall not be affected /disturbed by the orders of this Court. 8. Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities. (Dinesh Kumar Sharma, J.) 2